LABOR AGREEMENT
between
COUNTY OF ATLANTIC
AND
P.B.A. LOCAL # 243
JANUARY 1, 2006 through DECEMBER 31, 2009
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TABLE OF CONTENTS
ARTICLES TITLE PAGE
PREAMBLE 4
I RECOGNITION 5
II DUES CHECK-OFF & AGENCY SHOP 6
III SENIORITY 8
IV WORK SCHEDULES 9
V OVERTIME 13
VI CALL-IN TIME 16
VII HOLIDAYS & PERSONAL TIME 17
VIII CLOTHING ALLOWANCE 19
IX SALARY 22
X SICK LEAVE 26
XI LEAVES OF ABSENCE 30
XII VACATIONS 44
XIII INS. AND WORKER'S COMPENSATION 47
XIV GRIEVANCE PROCEDURE 51
XV TRAINING/TRAVEL TIME 55
XVI FRINGE BENEFITS 57
XVII NON-DISCRIMINATION 61
XVIII MANAGEMENT'S RIGHTS 62
XIX LONGEVITY 64
XX SAFETY, HEALTH & ADMINISTRATION 65
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XXI NOTICE OF TRANSFER/SHIFT ASSIGNMENT 67
XXII EMPLOYEE RIGHTS 68
XXIII SEPARABILITY AND SAVINGS 75
XXIV FULLY BARGAINED AGREEMENT 76
XXV DURATION 77
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PREAMBLE
THIS AGREEMENT by and between the COUNTY OF ATLANTIC and the
ATLANTIC COUNTY SHERIFF (herein referred to as "Employer(s)") and the NEW
JERSEY STATE PBA, LOCAL #243, (hereinafter referred to as "Employees")
represents the complete and final understanding of all negotiable items which were or
could have been the subject of negotiations between the parties.
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ARTICLE I
RECOGNITION
A. The Employer, herein referred to as the County hereby recognizes the Atlantic
County PBA Local #243, hereafter referred to as the Association, as the sole and
exclusive collective negotiating agent and representative for all Sheriffs Officers, Sheriffs
Officer Sergeants, and Sheriffs Investigators, but excluding the Sheriff, Under Sheriff,
Chief Sheriff’s Officer, Captains, and Lieutenants.
B. The title "officer" and "employee" shall be defined to include the plural as well as
the singular and to include males and females, uniform members and non-uniformed
members assigned to plain clothes.
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ARTICLE II
DUES CHECK-OFF AND AGENCY SHOP
A. DUES DEDUCTIONS
1. Employer agrees to deduct monthly membership dues in the Atlantic
County PBA Local #243 from the pay of those employees who individually
request in writing that such deductions be made. The amounts deducted shall be
certified to the Employer by the Treasurer of the PBA, and the aggregate
deductions of all Employees shall be remitted monthly to the Treasurer of the
PBA, together with a list of the names of all Employees for whom deductions
were made, by the 10th day of the succeeding month after the deductions are
made.
2. Any written designation to terminate the deduction of P.B.A. dues must be
received in writing by the Employer, and the P.B.A., and the filing of such notice
of withdrawal shall be effective to halt deductions as of the first day of the month
next succeeding the date on which the notice of withdrawal is filed.
B. AGENCY SHOP
The County agrees to implement an Agency Shop in accordance with Chapter 477
of the Laws of 1979, with a representation fee for non-members equivalent to 85% of the
regular membership dues, fees and assessments such fee is for collective bargaining
representation. There will be no fraternal benefits extended to such non-members. The
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Union in exchange for implementation of said Agency Shop hereby agrees to hold the
County harmless against any and all claims or suits or any other liability occurring as the
result of the implementation of this Agency Shop provision.
1. Dues deductions will be assessed to any regular appointed officer upon
completion of PTC and certification in accordance with local PBA requirements.
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ARTICLE III
SENIORITY
A. Except as provided elsewhere in this Agreement, or by law, bargaining unit
seniority for all benefits is determined by the date of hire in the bargaining unit.
B. Transfers from outside of the department begin at the starting salary for the
position. Seniority for all benefits is determined by the date of hire in the bargaining unit.
Commencing with the date of execution of this Agreement, prior County service will
count towards service time for longevity.
C. An employee having broken service with the Employer (as distinguished from a
leave of absence) shall not accrue seniority credit for the time when not employed by the
Employer.
D. If a question arises concerning two or more employees who were hired on the
same date, preference shall be given in accordance with New Jersey Department of
Personnel Rules and Regulations (N.J.A.C. 4A:1-1.1 et seq.).
E. Employer shall maintain an accurate, up-to-date seniority roster, which shall be
posted quarterly, showing each employee's date of employment with the Sheriff’s Office
bargaining unit position, and classification, and shall furnish copies of same to the P.B.A
upon request.
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ARTICLE IV
WORK SCHEDULES
A. All employees covered under this Agreement shall work a forty (40) hour week
encompassing five (5) consecutive days of unbroken eight (8) hour shifts, which shall
include a working lunch period. Said workdays shall be followed by two (2) consecutive
days off.
B. The regular starting time of work shifts will not be changed without reasonable
notice to the affected employees. This section shall not apply to call-ins, or overtime, and
shall not be utilized to deprive any employee of cash valuation for overtime.
C. The following work week schedules shall be observed:
1. Mays Landing Sup. Ct/Transport. - Mon thru Fri.
a. 0730 - 1530 hours
b. 0830 - 1630 hours
c. 1000 - 1800 hours
2. A.C. Sup. CT/Transport - Mon thru Fri.
a. 0700 - 1500 hours
b. 0830 - 1630 hours
c. 1000 - 1800 hours
3. Identification Unit - Monday – Friday
a. 0830 - 1630 hours
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4. Legal and Investigative - The hours of operation of the Legal and
Investigative unit will be flexible as determined by the Sheriff, but within the
framework of the unbroken eight (8) hour shift, forty (40) hour schedule set forth
in A above.
5. Warrants – Monday through Friday
a. 0800 - 1600 hours
b. 1600 - 2400 hours
c. Officers assigned to these units shall work five (5) consecutive
days with two (2) consecutive days off subject to paragraph B above.
6. Special Operations – Sunday – Saturday
a. 0800 - 1600 hours
b. 1600 - 2400 hours
c. 2400 - 0800 hours
d. Officers assigned to this unit shall work five (5) consecutive days
with two (2) consecutive days off subject to paragraph A above.
7. The Sheriff reserves the right to modify the above schedules and the
organizational structure of the department in accordance with operational needs.
D. Within each operational unit to which an employee is assigned (exclusive
of Special Operations), employees will be afforded choice of shift (e.g., days,
evenings, nights); and choice of available days off, in accordance with seniority
based upon bargaining unit service except if departmental needs require a
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particular transfer. This will be accomplished by a posted semi-annual bid
system. If an employee is transferred to another unit during a half-year period,
he/she shall maintain his/her choice(s) that were made while serving in the
previous unit.
1. Bids for work shifts commencing January 1st and ending June 30th
shall be submitted by the employee between November 1st and November 30th.
Management shall respond to the request no later than December 15th.
2. Bids for work shifts commencing July 1st and ending December
31st shall be submitted by the employee between May 1st and May 30th.
Management shall respond to the request no later than June 15th.
E. Special Operations.
1. Assignments to the Special Operations unit will be open to all bargaining
unit members through a sign-up and selection process. The sign-up sheet shall be
posted from October 1st through October 15th, inc. The Sheriff will select and
post the names of the officers selected who will be assigned to the unit by
December 1st. Officers selected will commence their assignments in the Special
Operations Unit effective January 1st.
2. Four (4) employees shall be rotated in and four (4) employees shall be
rotated out annually. Those employees having the most time in Special
Operations shall be rotated out firs and shall be ineligible for rotation back in for
a period of two (2) years.
3. Bids for any of the three Special Operations shifts commencing January 1st
and ending June 30th shall be submitted by the employee between November 1st
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and November 30th. Management shall respond to the request no later than
December 15th.
4. Bids for any of the three Special Operations shifts commencing July 1st
and ending December 31st shall be submitted by the employee between May 1st
and May 30th.
Management shall respond to the request no later than June 15th.
F. Departmental employee request forms including, but not limited to: transfers, shift
change, training, quarterly meetings, and contract meetings shall be developed.
Management shall respond in writing to an employee's request within thirty (30) days of
receipt of said form. Once the request has been processed through the chain of command,
a signed copy will be returned to the employee(s) initiating the request. A copy shall also
be forwarded to the unit commander in which the employee requested the action.
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ARTICLE V
OVERTIME
A. Overtime shall refer to any time worked beyond the regular hours of duty, as
specified above and specifically includes any time in excess of forty (40) hours per week.
B. The following will be regarded as hours worked for the purpose of computing
overtime:
1. All hours actually worked
2. Holidays (scheduled)
3. Days declared by County as days off
4. Bereavement Leave granted under Article XI, G.
5. Administrative days
6. Vacation days
7. Military Leave
C. Overtime shall be paid in cash, and shall be paid at time and one-half (1½) of the
regular hourly rates of pay for such employee. The hourly rate for overtime shall be
computed at the basic workweek of forty (40) hours per week. Bargaining unit members
at their sole option shall be compensated for overtime by cash payment or the equivalent
in compensatory time or a combination of cash and compensatory time in any pay period.
However, compensatory time shall not exceed 480 hours.
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D. Overtime shall be paid no later than the second pay period after the overtime work
is performed.
E. No employee shall have his/her regular workweek schedule or regular day off
schedule changed for the purpose of avoiding payment of overtime.
F. It is agreed that overtime will be distributed fairly among members on the
list. The parties agree that the Sheriff or his designee shall post on a daily basis an
overtime roster for each work unit. This roster shall be composed of all Sheriff’s
Officers, including Sergeants, by order of seniority as members of the Sheriff’s Office.
All Officers, including Sergeants, who accept, refuse or who are ordered to assume
overtime, shall have such action noted on the roster. The roster shall operate on a
rotational basis. Any Officer or Sergeant on any type of leave, including vacation,
compensatory, administrative and sick, shall be ineligible for unit overtime, but shall be
eligible for departmental overtime including vacation, compensatory, administrative
generated from the Call-In overtime list. Personnel on leave shall be designated on the
roster. Unit supervisors will provide a copy to the Chief on a daily basis. If an employee
refuses overtime, he/she shall be skipped over until his/her name next appears in the
rotation. The employer shall have the right to order overtime if the number of volunteers
is insufficient. Involuntary overtime shall be assigned based on inverse seniority.
Available Overtime Details shall exclude officers above the rank of Sergeant unless there
is a provision that the Detail requires a Superior Officer to be assigned.
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G. Employees who are required to work on a recognized County holiday shall
receive, in addition to their holiday pay, time and one-half (1-1/2) their regular straight
time hourly rate of pay for all hours worked.
H. If any law enforcement unit negotiates an improvement in the basis for overtime,
the parties shall reopen negotiations for the limited purpose of this subject.
I. If employees are required to be on "standby", employees will receive two (2)
hours of straight time for every eight (8) hours on standby with an eight (8) hour standby
minimum.
J. If County offices are closed due to inclement weather and Sheriffs Officers are
required to remain on duty or to report during the time the County offices are closed, the
Officers who work in any site(s) in which County employees are either released or told
not to report shall be compensated with one hour of compensatory time for each hour
during which they are required to work when other employees are not.
K. Any employee required to appear before any court or grand jury for any work
related reason, shall either receive regular pay if on duty or, if off duty, shall be
compensated for such time at the overtime rate of pay, if applicable.
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ARTICLE VI
CALL-IN-TIME
A. Any employee who is requested to and does return to work during periods not
contiguous to his/her regularly scheduled shift shall be paid overtime at the premium rate
of-time and one-half (1 1/2) with a minimum guarantee of four (4) hours, except in the
instance where the officer is called in one hour prior to his/her regularly scheduled shift,
in which case he/she shall be paid a minimum of two (2) hours.
B. If any officer is called in to work during his/her regular shift when (s)he has
received approved vacation time, said officer shall be paid at the overtime rate and will
not lose vacation credit for the day called in.
C. Call-in time shall be paid portal-to-portal.
D. Call in List/Duty Roster
Call-ins will be based on the List/Duty Roster which will be updated quarterly.
Employees who want to work a specific quarterly period must sign up on the Sign-Up
sheets posted by the Sheriff or his designee in accordance with the following schedule:
Dates for Sign-Up Sheet Posting Dates for Duty Roster Assignment
December 15th- December 30th January 1st thru March 31st, inc.
March 15th - March 30th April 1st thru June 30th, inc.
June 15th - June 30th July 1st thru September 30th, inc.
September 15th- September 30th October 1st thru December 31st, inc.
Copies of completed Sign-Up sheets will be forwarded to the PBA upon request.
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ARTICLE VII
HOLIDAYS AND PERSONAL TIME
A. The following holidays are recognized as paid holidays within the County:
(1) NEW YEAR'S DAY
(2) MARTIN LUTHER KING'S BIRTHDAY
(3) WASHINGTON’S BIRTHDAY
(4) LINCOLN'S BIRTHDAY
(5) GOOD FRIDAY
(6) MEMORIAL DAY
(7) FOURTH OF JULY
(8) LABOR DAY
(9) COLUMBUS DAY
(10) VETERANS DAY
(11) GENERAL ELECTION DAY
(12) THANKSGIVING DAY
(13) CHRISTMAS DAY
B. Holidays which fall on Saturday shall be celebrated on the preceding Friday.
Holidays which fall on a Sunday shall be celebrated on the following Monday.
C. If the County Executive declares the day after Thanksgiving a holiday for all
other County employees, then, and in that event only, the Employees covered by this
Agreement shall have that day as a holiday as well.
PERSONAL TIME (ADMINISTRATIVE TIME)
D. All employees covered by this Agreement shall be entitled to three (3) personal
days off annually.
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(1) New full-time employees hired in the first quarter of the calendar year are
entitled to two (2) full days; those hired in the second quarter are entitled to one
and one-half (1½) days; those hired in third quarter are entitled to one (1) day; and
those hired during the last quarter are entitled to one-half (½) day. During all
subsequent years, employees are entitled to three (3) full days.
(2) Under normal circumstances, administrative/personal time should be
scheduled in advance. Administrative/personal time may be used in increments of
one hour. An employee cannot call in for use of administrative time at the
beginning of his/her scheduled shift. Use of this time for the beginning of a work
shift must be approved in advance.
(3) Administrative/personal time must be taken within the year accrued.
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ARTICLE VIII
CLOTHING ALLOWANCE
A. Commencing January 1, 2006, 2007, 2008 and 2009, each employee shall receive
a $675.00 maintenance allowance along with a $675.00 clothing replacement allowance
in one (1) lump payment of $1,350.00 in the first pay in November. In the event an
employee leaves the County between the time he/she receives the allowance in November
and the end of that year, the employee shall not be required to refund any part of the
allowance. It is further agreed that the lump sum payments listed above shall be paid to
each employee by separate check and not be included in the employee’s regular payroll
check. Employees shall not be required to provide the County any receipts nor be subject
to any "show down" inspections except that the County maintains the right to inspect any
of the issued items with the exception of shirts, pants, ties, dress hat, and leather shoes
upon reasonable request.
B. The following shall constitute all uniform and equipment items that an officer
must have. All items will be provided for and replaced by the County except those items
so noted as the individual’s responsibility.
3- SHORT SLEEVE SHIRTS *
3- LONG SLEEVE SHIRTS *
3- PANTS*
2- CLIP ON TIES*
1- UNIFORM HAT *
1- PR. LEATHER SHOES *
1- DUFFLE BAG * Effective Jan. 1, 2006
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* - These items are provided by the county as part of the initial issue for new
employees. After receiving the initial issue, replacement of these items will be the
responsibility of the individual.
• Patches as needed
• Service and Rank stripes as needed
• Silver and brass buttons as needed
• Chevrons as needed
2 – Engraved nameplates
2 – Breast Badges
1 – Hat Badge
1 – Hat cover
1 – Rain coat
1 – Winter coat
1 – Pr. Puncture proof gloves
1 – (Sam Browne Type) Weapon belt w/buckle
4 – Belt keepers (if needed)
1 – Duty Weapon
1 – Duty holster
1 – Magazine holder
3 – Magazines for duty weapon
1 – Pr. Hand cuffs w/keys
1 – Hand cuffs holder
1 – ASP
1 – ASP holder
1 – OC spray
1 – OC spray holder
1 – Mini streamlight flashlight (CR123A batteries supplied)
1 – Mini flashlight holder
1 – 800 MHZ radio
1 – Radio Charger
1 – Radio holder
1 – Level III military helmet w/faceshield
1 – Ballistic vest
If officers need replacement of any item on the above list, they must fill out an
equipment request form and summit to their unit Supervisor. The Supervisor will
submit the request to the Chief for replacement.
C. The County agrees to provide all items as enunciated in Section B to new
employees upon being hired. New hires in 2006 through 2009 will only receive a $675
maintenance allowance and will not receive a $675 clothing replacement allowance in
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their first year of employment. Commencing their second year of employment, and
thereafter for the life of this Agreement, they shall receive both the negotiated
maintenance and replacement allowance.
D. The cost of any modification to the uniform requirement shall be borne by the
Employer within the Sheriffs budget.
E. Upon entry into the Academy, an appropriate academy uniform shall be issued.
F. All items issued by the County to an employee must be turned in for exchange or
replacement if damaged. All items issued must be turned in or accounted for upon
severance of employment. Lost items will require an explanation. Replacement
equipment shall be ordered promptly.
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ARTICLE IX
SALARY
A. Hospital/Custodial Duty. The Union and the County agree that in consideration
of the County making a one-time payment of $2,000, which shall be included in an
officer’s base salary by adding $2,000 to each step on the 2006 salary guide, that the
Union will forego the work of hospital/custodial duty. Effective July 1, 2006,
hospital/custodial duty will no longer constitute unit work for this bargaining unit and the
hospital/custodial duty assignments shall be transferred to employees of the Atlantic
County Division of Adult Detention (Corrections Officers).
Hospital/custodial duty is defined as the assignment of guarding an inmate,
previously assigned to the custody and control of the Atlantic County Justice Facility,
who is admitted to a hospital or other inpatient facility for medical care or treatment.
Hospital transport and related functions shall be undertaken by Sheriff’s Officers and
Sheriff’s Sergeants as follows:
a. Sheriff’s Officers and Sheriff’s Sergeants shall generally perform all
transport of inmates to non-hospital, pre-scheduled medical service facilities (i.e.,
including but not limited to psychiatric evaluation, treatment or commitment, eye
doctor appointments, dermatology appointments, etc.).
b. Sheriff’s Officers and Sheriff’s Sergeants shall generally perform all
transport of inmates to hospitals for non-emergent, pre-scheduled medical
treatment (i.e., including but not limited to dialysis, OB/GYN visits, x-rays,
MRIs, etc.).
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c. When an inmate requires emergent medical treatment (as determined by
the medical services providers in County jail facilities). Sheriff’s Officers shall
not perform the emergency medical transport. Such transport shall be performed
by County Corrections Officers.
d. When an inmate is scheduled for a medical appointment (e.g., dialysis,
etc.), the transporting Sheriff’s Officer(s) must arrive at the designated jail pickup
location ten minutes prior to the required time of departure. The required time
of departure is the time the inmate must depart from the jail in order to timely
meet the medical appointment. In the event that the Sheriff’s Officer fails to
arrive at the designated location on time, a Corrections Officer will transport the
inmate to the medical appointment.
e. If the medical appointment is known one or more days in advance of the
appointment date, the transporting Sheriff’s Officer(s) shall be notified of the
appointment at least one day in advance of the appointment and be allowed
appropriate travel time in order to arrive at the jail ten minutes prior to the
required departure. If the medical appointment is not known one or more days in
advance of the appointment date, the transporting Sheriff’s Officer(s) shall be
provided appropriate notification and travel time in order to arrive at the jail
location ten minutes prior to the required departure.
B. Ninth Step Provision.
The Union and the County agree that in order to maintain experienced and
qualified County sheriff’s Officers, additional compensation of $1,200 shall be added to
the base salary of sergeants and those eligible Sheriff’s Officers to be effective January 1,
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2006. This additional compensation for sergeants and eligible Sheriff’s Officers shall be
included in the maximum (ninth) step on the salary guide as set forth in section (C )
below
C. Salary Guide.
The Union and the County agree that the following shall constitute the salary
guide through 2009.
Step 2006 2007 2008 2009
1 30,000 30,500` 31,000 31,500
2 34,000 34,500 35,000 35,500
3 35,800 36,350 36,900 37,450
4 37,350 37,900 38,450 39,000
5 40,675 41,225 41,775 42,325
6 43,435 44,035 44,635 45,235
7 46,140 46,740 47,340 47,940
8 57,600 58,200 58,800 59,400
9 60,528 62,949 65,467 68,086
SGT 66,278 69,244 72,341 75,575
The above salary guide reflects increases of $500 annually at steps one and two;
increases of $550 annually at steps three, four and five; increases of $600 annually at
steps six, seven and eight. All of the adjustments shall be effective January 1, 2006,
2007, 2008 and 2009. The adjustments to steps one through 8 in 2006 shall be in
addition to the hospital/custodial duty compensation effective January 1, 2006. The
annual increases at the maximum (9th) step of the salary guide reflect increases of 4%
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effective January 1 of each year of the contract and are applied after the inclusion of the
hospital custodial duty compensation as discussed in Section A and the additional ninth
(9th) step compensation as discussed in Section B.
The above listed salary guide also reflects the sergeant’s differential above the
maximum (9th) step of the salary guide as follows:
2006 9.5%
2007 10.0%
2008 10.5%
2009 11%
All of the above salary increases and changes shall be fully retroactive to their
effective dates.
D. After the initial calendar year of hire, each employee will be given an
anniversary date for purposes of salary increase as follows:
HIRE DATE ANNIVERSARY DATE
January 1 – February 15 1/1
February 16 – May 15 4/1
May 16 – August 15 7/1
August 16 – November 15 10/1
November 16 – December 31 1/1 (next)
E. Upon reaching maximum salary on the salary guide, the employee shall be
given an anniversary date of January 1st for the purpose of salary increase.
F. Newly employed Investigators shall move through the salary schedules as
any other employee.
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ARTICLE X
SICK LEAVE
Permanent employees shall be entitled to the following sick leave with pay as
accrued:
A. One working day sick leave with pay shall accrue for each month of service from
the date of appointment to and including December 31 of that year, and fifteen (15) days
sick leave with pay for each calendar year thereafter, accrued on the basis of one and onequarter
(1¼) working days per month. If any permanent employee required none or a
portion only of such allowable sick leave for any calendar year, the amount of such leave
NOT taken shall accumulate to his/her credit from year to year, and he/she shall be
entitled to such accumulated sick leave with pay, if and when needed.
B. Sick leave for purposes herein defined means an employee's absence from duty
because of personal illness by reason of which such employee is unable to perform the
usual duties of his/her position, exposure to contagious disease, and a short period of
emergency attendance upon a member of his/her immediate family critically ill and
requiring the presence of the employee. An employee shall not be reimbursed for accrued
sick leave at the time of resignation or termination of his/her employment except as
provided below in paragraph F of Article X.
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C. If an employee is absent for five (5) consecutive working days, for any of the
reasons set forth in the above, the Employer shall require acceptable evidence. The
nature of the illness and the length of time the employee will be absent shall be stated on
the doctor's certificate provided to the County. If a pattern of sick days evolves for any
particular employee, the County may likewise require acceptable evidence.
D. An employee who does not expect to report to work because of personal illness,
or for any reasons herein defined as sick leave, shall notify his/her immediate supervisor
or duty Sergeant, by telephone or by personal message at least one (1) hour before the
start of the scheduled shift, except in the event of an emergency.
DISABILITY LEAVE:
E. In the event an employee becomes disabled, that employee shall be permitted to
utilize accumulated sick leave for said purpose. If the accumulated sick leave is
insufficient, the employee may utilize accumulated vacation, personal leave, etc. Should
the employee exhaust all available paid leave, he/she shall be eligible to participate in the
County Disability Pool, and be guaranteed the right to return to a similar position
provided the disability is certified as temporary.
TERMINAL LEAVE:
F. Any employee covered under the terms of this Agreement who retires from
County service under the Police and Fireman Retirement System or Public Employees
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Retirement System (P.E.RS.) shall be paid one hundred (100%) percent of accrued sick
leave, up to a maximum $16,000 gross wage, effective January 1, 2006.
G. Once each year on or before January 16th, the employee shall be notified of the
number of unused sick days and vacation days to the credit of each Union represented
employee.
H. Any employee utilizing less than 41 hours of sick time (to include all uses of sick)
in a calendar year will receive a bonus in the amount of $200.00. An employee who
comes on board within a calendar year and serves at least six (6) months with less than
20.5 hours of sick time shall receive a prorated amount of bonus not to exceed $100.00
based upon the number of months employed by the department. Employees may have no
"W" time or suspensions or LAW’s during the calendar year. Approved military leave
shall not be considered as a LAW in computing eligibility for this bonus. Payments shall
be made in January of the following calendar year.
I. Members will be eligible for participation in the county Disability Pool. This pool
has its purpose the granting of wage continuation to employees who, because of non job
related illness, have exhausted all accrued sick, and vacation time.
J. Each member will supply two (2) sick days (to be matched by the County) so an
appropriate bank of days can accumulate. Members may be required to contribute
additional days to keep an appropriate amount of days in the pool. Upon exhaustion of all
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sick and vacation time; a member may utilize the pool for wage continuation to a
maximum of 120 days.
K. The disability pool, in essence, advances a member's annual leave days in the case
of disability. Upon return to work, the member must pay back the days utilized under the
disability pool. The County will reclaim these days by deducting one-half (.5) of the
member's sick and annual vacation time each subsequent calendar year until all time has
been repaid.
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ARTICLE XI
LEAVES OF ABSENCE
A. Service credit shall continue to accrue during paid leaves of absence provided
under this Agreement, but shall not accrue during unpaid leaves of absence except for
Military Leave. The Employee shall be entitled upon his/her return from leave of absence
without pay, to all service credits earned up to the date his/her leave commenced.
B. Leaves of absence for employees may be granted as provided in New Jersey
Department of Personnel (NJDOP) Statutes, rules and regulations and as otherwise noted
herein.
C. A permanent employee holding a position in the classified service who is
temporarily (mentally or physically) incapacitated and unable to perform his/her duties,
or for any reason considered valid by the Employer, desires to secure leave from regular
duties, may, with the approval of the Employer, be granted a special leave of absence
without pay for a period not to exceed six (6) months which may be extended for an
additional six (6) months with the approval of the Employer. Any employee seeking such
special leave without pay shall submit his/her request, in writing, stating the reasons why
the request should be granted, the date when he/she desires the leave to begin, and the
probable return date to duty.
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D. Military Leave
1. Military leaves shall be granted in accordance with N.J.S.A 38A:4-4 as
applicable to bargaining unit members.
(a) A bargaining unit member who is a member of the organized
militia shall be entitled, in addition to pay received, if any, as a member of the
organized militia, to leave of absence from his or her respective duties without
loss of pay or time on all days during which he or she shall be engaged in any
period of State or Federal active duty; provided, however, that the leaves of
absence for Federal active duty or active duty for training shall not exceed 90
work days in the aggregate in any calendar year. Any leave of absence for such
duty in excess of 90 work days shall be without pay but without loss of time.
(b) Leave of Absence for such military duty shall be in addition to the
regular vacation allowed such officers and employees by the state, county or
municipal law, ordinances, resolution or regulation.
2. Should such leave(s) occur, the bargaining unit member shall retain all
benefits in accordance with applicable state and federal statutes, and this
negotiated agreement.
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E. Family and Medical Leave.
1. It is the policy of Atlantic County Government, as a covered employer, to
comply with the Family and Medical Leave Act (FMLA) and the Family
Leave Act (FLA). Applicability of FMLA/FLA leave will be determined with
reference to the statutes and their accompanying regulations. Employees
should contact Human Resources for assistance and information on specific
situations. This policy summarizes applicable regulations. The complete
FMLA regulations appear at 29 C.F.R. §825 www.dol.gov and the complete
FLA regulations appear at N.J.A.C. 13:14-1. Although this contract may add
to your rights under the FMLA and the FLA, in instances where the FMLA
and FLA and their regulations are more generous, they will be controlling.
2. Definitions
Child. Child means a biological, adopted or foster child, a stepchild, a legal
ward or a child of a person standing in loco parentis, who is either under age
18, or age 18 or older and incapable of self-care because of a mental or
physical disability.
Chronic Serious Health Condition. A condition which: (i) Requires periodic
visits for treatment by a health care provider, or by a nurse or physician’s
assistant under direct supervision of a health care provider; (ii) Continues over
an extended period of time (including recurring episodes of a single
underlying condition); and (iii) May cause episodic rather than a continuing
period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
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Immediate Family. Parent, child, or spouse as defined in 29 C.F.R. S
825.200(9); N.J.A.C. 4A:6-1.21(b)(7).
Key Employee. An employee who is among the highest paid 10% of all
County employees; whose base salary is within the highest 5%; or whose base
salary is one of the seven highest.
Parent. Parent means a person who is the biological parent, adoptive parent,
foster parent, stepparent, parent-in-law (not included under FMLA), or legal
guardian, having a “parent-child relationship” with a child as defined by law
or having sole or joint custody, care, guardianship, or visitation with a child.
Serious Health Condition. Serious Health Condition means an illness, injury,
impairment, or physical or mental condition which requires: (i). inpatient
care in a hospital, hospice, or residential care facility; or (ii). continuing
medical treatment; or (iii). continuing supervision by a health care provider.
Spouse. A husband or wife as recognized by state law.
Hours Worked. For purposes of determining eligibility, hours worked means
the actual hours worked as determined under the principles of the Fair Labor
Standards Act.
3. Eligibility.
a. FLA leave:
i. The employee has worked for the county for a total of 12 months, and
ii. The employee has worked a minimum of 1000 hours in the past 12
months.
b. FMLA leave
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(i) The employee has worked for the county for a total of 12 months
which need not have been consecutive, and
(ii) The employee has worked a minimum of 1250 hours in the past 12
months.
(iii) Special rules apply to Key Employees. Contact Human Resources for
details.
4. Leave Entitlement
a. FMLA leave. An employee is entitled to a total of 12 work weeks of
unpaid leave during the 12 month period measured forward from the date
the employee’s first FMLA leave begins, for any of the following reasons:
(i) birth, adoption or placement for foster care of a child;
(ii) to care for an immediate family member (spouse, parent or child)
with a serious health condition;
(iii) the employee’s own serious health condition;
(iv) chronic serious health condition.
b. FLA leave. An employee is entitled to a total of 12 work weeks of unpaid
leave during a 24 month period measured forward from the
commencement of the FLA leave, for any of the following reasons:
(i) birth, adoption or placement for foster care of a child
(ii) to care for an immediate family member (spouse, parent or child)
with a serious health condition
NOTE: Because of the interaction of the FMLA and FLA there are some
situations in which the length of leave entitlement will be more than 12 weeks.
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Also, leave for the birth, adoption or placement of a well child must be
commenced within one year of the date of birth, adoption or placement and
may be spread over a maximum period of 24 months. Consult Human
Resources for specific leave determination.
c. Intermittent and Reduced Leave
(i). Intermittent and reduced leave are available under both the FMLA
and FLA.
(ii). For FMLA/FLA leave taken for the birth or placement of a child,
use of reduced or intermittent leave requires the consent of the
county unless a serious or chronic serious health condition is
involved.
(iii). Employees must make a reasonable effort to schedule reduced or
intermittent leave so as not to disrupt the operations of the county.
(iv). Spouses. In conformance with New Jersey law, where a husband
and wife both work for Atlantic County, they will not be required
to share leave time.
d. Paid or Unpaid/ Relation to Other Leave Provisions
(i). The County will designate all qualifying absences as FMLA/FLA
leave. The leave will run concurrent with absences including, but
not limited to, Workers’ Compensation, State Disability, a Medical
Leave, a Personal Leave, the Disability Pool Program,
Vacation, Administrative Leave and Sick Leave.
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(ii). However, an employee may choose to use paid leave during an
absence for an FMLA/FLA qualifying reason so that paid leave
would be used concurrently with the unpaid FMLA/FLA
entitlement. The County will not require employees to use paid
leave time while out on FMLA/FLA leave. The parties further
recognize that the County’s obligation to provide FMLA leave in
no way limits the County’s legal obligation to provide reasonable
accommodation to employees under the ADA or the NJLAD, their
regulations and the administrative and decisional law interpreting
those laws.
e. Health Benefits. An employee who is absent under FMLA/FLA leave
will have his/her health benefits maintained.
f. Other Benefits. It is the County’s policy to maintain the following
benefits under the indicated circumstances.
g. Life Insurance. For unpaid leaves, pension life insurance will continue
for a period of up to two years.
h. Accrual of Pension Benefits. An employee does not earn service credits
while on an unpaid leave of absence. Pension credit accrues as usual for paid
leaves. For unpaid leaves, pension credit will not accrue. However, employees
may have the opportunity to purchase the time, up to two years, by contacting
the Division of Pensions within one (1) year of returning to active
employment.
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i. Recovery of Costs of Maintaining Benefits. If you do not return to work
following FMLA leave for at least 30 days for a reason other than: 1) the
continuation, recurrence, or onset of a serious or chronic serious health
condition which would entitle you to FMLA leave; or 2) other circumstances
beyond your control, as defined by 29 C.F.R. 825.213(a) you may be required
to reimburse the County for the County’s share of health insurance premiums
paid on your behalf during your FMLA leave.
5. Reinstatement Rights. At the expiration of an employee’s FMLA/FLA leave the
employee is entitled to be restored to the position held by the employee when the
leave commenced or to an equivalent position of like seniority, status,
employment benefits, pay, and other terms and conditions of employment, unless
the employee would have lost his or her position without regard to the leave, such
as in a reduction in force. Special rules may apply to Key Employees.
Employees who use leave beyond their FMLA/FLA entitlement are not covered
by the FMLA/FLA protections, such as reinstatement, continuation of medical
coverage, etc. once their FMLA/FLA leave entitlement is exhausted.
6. Notification by Employee
a. Foreseeable Circumstances. The employee is required to provide written
notice to the county of the need to take FMLA/FLA leave 30 days in advance or
as soon as practicable for birth, placement, or adoption of a child, and at least 15
days in advance or as soon as practicable for the serious or chronic serious health
condition of the employee or an immediate family member. Failure to provide
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advance notice may delay the granting of FMLA/FLA leave until 30 or 15 days,
as applicable, after notice is given.
b. Unforeseen Circumstances. When leave is not foreseeable, the employee is
required to provide notice of the need to take FMLA/FLA leave as soon as
practicable. Except in extraordinary circumstances, that would be no later than
one or two working days. Initial notification may be oral to the department
designee. The County may require written confirmation.
c. An employee must provide sufficient information to the county to establish an
FMLA/FLA qualifying reason for the requested leave.
d. Requesting Leave. An employee who is requesting FMLA/FLA leave shall
complete the County Request for Leave and submit it to their supervisor within
the required time frame for notice.
e. Certification. The County requires the need for leave for the serious or
chronic serious health condition of an employee or the employee’s immediate
family member be supported by a certification issued by a health care provider.
The WH-380 Form is to be used for this purpose. Although an employee is
required to provide the County with “medical facts” supporting the leave request,
the employee need not provide the County with a diagnosis. The County also
requires an employee to provide reasonable documentation or a statement of
family relationship if the leave is to care for a family member.
f. Initial Certification. An employee must return the Form WH-380 as soon as
possible, but no later than 15 calendar days after being informed of the need to
provide certification. Failure to provide the certification in a timely manner may
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result in delay of the leave until the certification is received for foreseeable leave,
and for unforeseeable leave, result in the delay of the continuation of the
employee’s leave until the certification is received. If the Form WH-380 is never
presented by the employee, the leave will not be FMLA/FLA leave.
g. Confirmation of Certification. A health care provider representing the
County may contact the employee’s health care provider, with the employee’s
permission, for purposes of clarification and authenticity of the medical
certification. If the County has reason to doubt the validity of a medical
certification, the County may, at its own expense, require an employee to obtain a
second medical certification from a health care provider. The County may choose
the health care provider for the second opinion with certain restrictions.
If the opinions of the employee’s and the County’s health care
providers differ, the County may require the employee to obtain a certification
from a third health care provider at the County’s expense. This third opinion, by
a health care provider jointly approved by the County and the employee, shall be
final and binding. The County will provide the employee with a copy of the
second and third medical opinions, where applicable, upon request by the
employee. Absent extenuating circumstances, the requested copies are to be
provided within two business days.
h. Recertification - The County may require an employee to submit subsequent
recertifications on a periodic basis as provided under applicable law. The
employee is responsible for the cost of the recertification. Failure to provide the
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recertification may result in the delay of the employee’s continuation of
FMLA/FLA leave.
i. Certification of Fitness to Return to Work - The County will require a
certification of fitness to return to work under the same conditions as set forth in
the paid sick leave policy. Failure to provide a return to work certification may
result in delay of restoration to employment until the certification is submitted.
7. Period Within which Leave can be Taken. The period within which leave can
be taken will be measured forward from the date the employee’s first FMLA/FLA leave
begins.
8. Outside Employment. Both the FMLA and the FLA have regulations
which permit outside employment during qualifying leave. An employee should contact
Human Resources for information on the ability to work another job while on
FMLA/FLA leave.
9. Return to Work. The County requires an employee to report periodically
on the employee’s status and intention to return to work. The employee may return to
work earlier than originally anticipated provided the employee gives the county two
business days notice and a new medical note.
10. Determination of Leave Eligibility. The determination of whether an
employee is entitled to FMLA/FLA leave and the amount of FMLA/FLA leave
entitlement is to be made by the Division of Human Resources. Each department is
responsible for notifying the Division of Human Resources of the following:
a. any employee requests for FMLA/FLA leave;
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b. employee requests to use sick or other leave for reasons that qualify as a
serious or chronic serious health condition;
c. the name of any employee who has been out sick for six consecutive work
days;
d. the name of any employee who has no paid leave time available but needs
to be absent from work due to a qualifying FMLA/FLA reason.
11. Notification of Leave Designation. The Division of Human
Resources shall review all requests for time off which may qualify as FMLA/FLA
leave and notify the requesting employee of the designation of the leave in
accordance with the regulations through the use of the county notification form. If
the county is unable to immediately obtain sufficient information to confirm
eligibility as FMLA/FLA leave, the leave may be provisionally designated as
FMLA/FLA leave pending confirmation. If further investigation fails to confirm a
qualifying reason, the FMLA/FLA designation may be withdrawn on written
notice to the employee
12. Exercise of Rights. The County shall not take any adverse action
against an employee who exercises his or her rights under the FMLA or FLA.
F. Absence Without Leave
1. Any unauthorized absence of an employee from duty shall be an Absence
Without Leave and is cause for disciplinary action.
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2. Leave granted for a particular reason and used for a purpose other than
that for which such leave has been granted, shall be an unauthorized absence and
may be cause for disciplinary action.
G. Bereavement Leave
1. A leave of absence with pay, up to three (3) days shall be granted to a
permanent employee desiring such leave because of a death in the immediate
family hereinafter defined:
(a) Mother or Father
(b) Mother or Father of the current spouse (Mother-in-Law or Fatherin-
Law)
(c) Brother or Sister
(d) Current Spouse
(e) Children or Step Children of the Employee
(f) Grandmother or Grandfather of the employee
(g) Step-Mother or Step-Father of the employee
(h) Brother or Sister of the current spouse (Brother-in-law or Sisterin
law)
(i) Grandchild
2. A leave of absence with pay for one (1) day shall be granted to permanent
employees desiring such leave because of the death of an:
Aunt or Uncle of the employee
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3. The use of sick time, vacation time or administrative leave time to extend
bereavement leave shall not be unreasonably denied.
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ARTICLE XII
VACATIONS
A. All full-time County employees shall be entitled to the following annual
vacation with pay as accrued and based upon total years of County service:
0-Year = l Day Per Month
After one (1) year & up to five (5) years = 15 Days Annually
After five (5) years & up to twelve (12) years = 18 Days Annually
After twelve (12) years & up to twenty (20) years = 21 Days Annually
After twenty (20) years = 25 Days Annually
B. Vacation pay shall be paid at the employee's regular straight time rate per his/her
job classification.
(1) Holidays which fall within an employee’s vacation period shall not be
counted against vacation time.
C. Vacations shall be scheduled and granted for periods of time requested by the
employee in accordance with the following conditions:
1. If the nature of the work requires management to limit the number of
employees on vacation at a given time, the employee with the greatest seniority
based on total years of time in the bargaining unit shall be given preference. This
change shall be effective upon the execution of this labor agreement.
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2. All scheduling of vacations shall be subject to management's
responsibility to maintain efficient operations.
3. For a single day of vacation, forty-eight (48) hours notice shall be given.
In the event of a conflict, seniority shall prevail.
4. All requests for vacations will be processed in a timely manner with the
employee receiving a written response no later than five (5) days after submission
of the request.
D. If a holiday occurs during a week in which vacation is taken by an employee, the
day shall not be charged to annual leave.
E. An employee who becomes ill during his/her vacation will not be charged
vacation leave, but rather SICK LEAVE for the period of illness provided he/she
furnishes satisfactory proof of such illness to the Employer upon his/her return to work.
F. Any employee separated from the service of the Employer for any reason prior to
taking his/her vacation shall be compensated in a lump-sum for the unused vacation
he/she has accumulated up to the time of separation at his/her current rate of pay.
G. If an employee is not able to take his or her vacation or any part thereof during the
calendar year in which the vacation is earned because of the pressure of County business
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or the needs of the Departments, such vacation may be carried over into the following
calendar year.
In the event that the employee is still unable to utilize the vacation time thus
carried forward due to workload, the employee will be able to carry up to two years of
vacation days into the next calendar year. Vacation which remains unused other than
because of the pressure of County business may be carried only into the subsequent year.
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ARTICLE XIII
INSURANCE AND WORKER'S COMPENSATION
A. Health Benefits
1. Effective August 1, 2003 employees and their eligible dependants shall be
provided comprehensive medical and hospital coverage in accordance with the
provisions of the New Jersey State Health Benefits Program. Employees shall be
provided a choice from among the State Health Program’s plan offerings.
2. Prescription drug coverage shall be provided to all employees and their
dependants in accordance with the freestanding prescription plan offered by the
New Jersey State Health Plan.
3. Employees and their dependants shall also be provided optical and dental
coverage through the County’s own provider contracts.
All of the coverages outlined above will be provided to the employees and
their dependants without premium copays and shall extend at least throughout the
duration of this Agreement and through the completion of negotiations for a
successor Agreement.
The provisions of this Article shall not be interpreted so as to diminish any
rights or benefits provided by the March 13, 2003 agreement regarding health
benefits.
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The Union and County agree that they will reopen negotiations should any
coverage provision for optical or dental care change during the time frames of this
contract.
4. Employee, as used herein, means a bargaining unit member who works
more than twenty (20) hours per week. The employee’s eligible dependents for
benefits include the employee’s spouse and dependent children until they reach
the age of 19 unless the plan provides benefits beyond the age of 19. Dependent
children who are full time students will be covered until the age of 23. Fourteen
(14) credits is considered a full time student (unless the particular college or
university considers 14 credits as beyond maximum full-time status and in such
cases 12 credits would be acceptable).
B. Health Benefits at Retirement - An employee who retires shall be eligible for
County paid health benefits coverage for three (3) years after retirement, commencing
with the employee's retirement date. Retirement is currently defined in accordance with
N.J.S.A. 40A:10-23 as having 25 years or more of service credit in the State Pension Plan
and a period of full time service of up to 25 years with Atlantic County at the time of
retirement or upon reaching the age of 62 or older and having at least 15 years of service
with Atlantic County. Health benefits coverage is defined as the coverage currently in
force at the time of retirement and any changes to such coverage as may occur during the
three (3) year period of employer-paid coverage.
For those employees hired before January 1, 1997, their prior law enforcement
service shall be counted cumulatively as "service with Atlantic County" for the purpose
49
of qualifying for payment of post-retirement health benefits as outlined above.
C. Leaves of Absence - When an employee is granted a leave of absence unrelated
to any Family and Medical Leave Act, the coverage of that employee and his dependents
will be terminated unless the employee reimburses the County in full for the premium
due during the leave in advance of taking such leave. If the employee opts not to pay for
coverage, then benefits will be reactivated upon the employee’s return from leave of
absence. In no event can this period of reimbursed coverage exceed 6 months. Any
employee who goes to an unpaid status for 15 or more calendar days is liable for payment
of premiums retroactively to the first day of unpaid status.
D. Those employees who meet the eligibility requirement for COBRA will be
provided with continuation coverage under the provisions of COBRA as administered by
the various plans.
E. Worker's Compensation
1. When an employee of the Atlantic County Sheriff’s Office is injured on
duty during working hours, he/she will be entitled to worker's compensation
benefits as set forth by New Jersey Statute (N.J.S.A. 34:15).
2. Employees disabled or injured in the course of their employment receive
the difference between their regular rate of pay and disability or worker's
compensation payments that they receive for a period not to exceed one (1) year.
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3. Any employees disabled or injured on the job will be required to be
examined by the County physician, or have his/her disability monitored by the
County physician along with the attending physician of the injured employee.
This Article shall not be construed so as to abrogate any rights provided to said
employees by law.
F. In the event amendments are made to the State Statutes which would
permit the County to offer a medical “opt-out” under the State Health Benefits
Plan for any employee who has medical insurance coverage from a spouse or
other source, then the Union and the County agree to reopen negotiations to
attempt the negotiation of opt-out terms consistent with the statutory
amendments.
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ARTICLE XIV
GRIEVANCE PROCEDURE
A. 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.
B. Nothing herein will be construed as limiting the right of any Employee having a
grievance to discuss the matter informally with any appropriate members of the
Department.
C. The term "grievance as used herein, means any controversy, including minor
discipline, arising over (1) the interpretation, application, or alleged violation of the terms
and conditions of this Agreement, or (2) any controversy arising out of policies or
administrative decisions affecting the terms and conditions of employment. A grievance
may be raised by an individual, the Association on behalf of the individual, or a group of
individuals.
D. 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 written consent:
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STEP 1
The grievance shall be submitted in writing to the immediate supervisor of the
grievant within ten (10) calendar days of the occurrence of the grievance. The immediate
supervisor shall submit a written answer to the local representative of the grievant within
seven (7) calendar days of the submission date.
STEP 2
If the grievance is not satisfactorily adjusted at Step 1, the Local may appeal to
the Undersheriff within five (5) calendar days after the receipt of the written answer in
Step 1. The Undersheriff will review the grievance and answer and submit his position in
writing within five (5) calendar days of submission to Step 2.
STEP 3
If the grievance is not satisfactorily adjusted at Step 2, the Local may appeal to
the authorized representative of the County Sheriff within twenty (20) calendar days after
receipt of the written answer in Step 2. The representative shall submit a written answer
to the grievance within five (5) calendar days after submission to Step 3. Policy
grievances affecting substantial numbers of employees covered by this Agreement may
proceed directly to the Third Step of the Grievance Procedure.
STEP 4
If the grievance is not settled through Steps One, Two or Three, and only if the
grievance alleges a violation of the terms and conditions of the Agreement, then the
grievant shall submit his/her grievance to the PBA and if the PBA determines the
53
grievance to be meritorious, it shall submit the dispute to arbitration pursuant to the rules
and regulations of the Public Employment Relations Commission within 10 days of the
date on which the response of the Sheriff was received or should have been received. The
costs for the services of the arbitrator shall be borne by the loser of the arbitration. The
arbitrator shall determine the loser. In the event that the arbitrator's award does not
determine a loser, the cost shall be borne equally. Any other expenses, including, but not
limited to the presentation of witnesses, shall be paid by the parties incurring the same.
Pursuant to the mutual agreement of the County and the Union, Robert M.
Glasson is designated as permanent arbitrator to arbitrate any issues during the term of
this agreement arising out of the terms of the recommended settlement which lead to this
labor agreement.
1. The Arbitrator
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 provision of this Agreement or any amendment or supplement
thereto. The decision of the arbitrator shall be binding and final.
E. The designated Association representative shall be permitted as members of the
grievance committee to confer with employees and the County on specific grievances in
accordance with the grievance procedures set forth herein during work hours of
employees, without the loss of pay, provided the conduct of said business shall not
54
diminish the effectiveness of the Atlantic County Sheriff’s Office or require the recall of
off-duty employees.
F. 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 any grievance is not processed to the next succeeding step in the
grievance procedure within the time limits prescribed there under, 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 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 in writing to extend or contract the time limits
provided for processing the grievance at any step in the grievance procedure.
G. In the event the aggrieved elects to pursue remedies available through New Jersey
Department of Personnel (NJDOP), the grievance shall be canceled and the matter
withdrawn from this procedure. It is agreed between the parties that no arbitration hearing
shall be held until after the expiration of at least thirty (30) calendar days after the
decision rendered by the Sheriff’s designated representative on the grievance. In the
event the grievant pursues his/her remedies through NJDOP, the arbitration hearing, if
any, shall be canceled and the filing fees and expenses incurred thereby shall be paid by
the grievant or the Association.
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ARTICLE XV
TRAINING/TRAVEL TIME
A. The Employer shall budget the necessary appropriation for members of the
Sheriffs Department to utilize, so that they may maintain the present level of credibility
and expertise in their appropriate field.
1. The cost of training, educating and equipping Sheriff’s Officers shall be
borne by the Employer.
2. The Employer shall pay the full cost of training or education of any sheriff
officer requested by the Employer to attend courses.
3. The Employer shall insure that all sheriff officers receive training at a
Police Training Commission approved academy within 18 months of permanent
appointment as a sheriff officer.
4. All notifications of training shall be posted by the Sheriff' or his.
Designee. These notifications for training shall be posted for a minimum of ten
(10) working days.
5. All interested officers shall submit in writing a request for above said
training.
B. Employees who take training on their own time and expense directly related to
their assignment shall be eligible for reimbursement for such training up to 90% provided
that the training course was approved in advance by the Sheriff (in writing) and they
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successfully complete the entire training program as detailed in their request.
Reimbursement within two (2) years from separation from County service, other than by
retirement or death, shall be repaid.
C. Individuals who are assigned to extraditions or other assigned trips will claim
only hours worked. There shall be no payment for sleep or recreation time. If travel time
is required in excess of an employee’s normal commuting time due to the employee’s
being required to report to or leave from his/her normal work station, the difference
between the two shall be claimed as hours worked if it is a work assignment. If the
excess travel time is due to mandated school attendance, the difference shall be claimed
as hours worked. No travel shall be claimed if attendance at the school or conference is
permissive.
D. N.J.S.A. 34:15 et seq. (Worker's Compensation) applies to an employee en route
to or from a "call-in," in the same way it applies to travel to or from a regular work shift.
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ARTICLE XVI
FRINGE BENEFITS
EXTENDED MEDICAL COVERAGE.
A. A thorough medical examination, including but not limited to chest x-rays at the
discretion of the physician, will be given all personnel upon hiring, at no cost to the
Employee. Employer shall also make available to each employee a physical examination
at least once annually upon the request of the employee or the Employer. Employer will
also provide free medical screening for an employee who has on the job exposure or
contact sufficient for contraction of the following contagious diseases for example:
AIDS, hepatitis, herpes and tuberculosis and Lymes Disease; excluding colds; flu and
minor illnesses. If an officer tests positive for AIDS, hepatitis, herpes, tuberculosis or
Lymes Disease, the County will provide, at its expense, medical screenings for the
officer’s immediate family, who reside with him or her.
HOLD HARMLESS.
B. The Employer shall hold each employee harmless from any loss, claim or liability
to any third person or persons arising out of any non-negligent action or non-negligent
failure to act by any Employee in the course of his employment. The Employer shall
reimburse any Employee for all necessary and reasonable expenses, including legal fees,
incident to the defense of any such claim, however, the County shall provide annually a
pool of attorneys from whom the individual employee may choose the specific attorney
of his/her choice. In the event the individual requests the PBA to provide representation,
the choice of counsel shall be that of the PBA.
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UNION LEAVES.
C. The County agree to grant time off without loss of regular straight time pay to the
State Delegate and the President of the Association (or appointed alternate) for the
purpose of attending the regularly scheduled meetings of the State Association, state PBA
conventions and national PBA conventions provided that at least forty-eight (48) hours
written notice is given to the Employer in order to secure other employee(s) to work in
his/her/their place if required by the County. The Association shall designate, at the
beginning of each year, the State Delegate.
EMPLOYEE PERSONNEL FILES.
D. An employee has the right of access to the County's official personnel file kept for
the employee and all records as may be kept by the employer or his agents, pertaining to
the employee, and the employer shall permit the employee to respond in writing to any
document in said file, within six (6) months of its being placed therein. This response
shall be attached to the particular document or instrument concerned and be made a
permanent part thereof. The employer agrees to provide the employee with one copy at
no cost of any document or instrument contained in said files upon the request of the
employee. Thereafter, any copies must be paid by the employee at the prevailing state
rate. No unsigned document or instrument (except for regular employment records which
by their nature require no signature) nor any document or instrument of unknown or
questionable origin shall be used against any employee in disciplinary matters.
E. USE OF VEHICLES.
1. If a county car is available, employees will be allowed to use such car and
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work time will begin from the time the car is picked up until the time the car is
dropped off.
2. If no car is available; employees shall contact an immediate supervisor for
instructions. If directed to use their own personal vehicle by the supervisor, the
employees will receive three (3) hours minimum pay. Also, they will be covered
under worker's compensation for the period that they are driving their own
automobile.
F. Death Benefits. In the event of an employee's death prior to taking his/her
holidays, vacation days or other compensatory time as provided in this Agreement,
his/her estate or legal representative shall be paid in a lump sum for the unused holidays,
vacation days, or compensatory time he/she accrued and is owed up to the time of death
at his/her current rate of pay.
G. Early Separation From Duty. In the event of an employee's separation from
service for any reason prior to taking his/her holidays, vacation days or other
compensatory time as provided in this Agreement, he/she shall be paid in a lump sum for
the unused holidays, vacation days or compensatory time he/she accrued and is owed up
to the time of separation at his/her current rate of pay.
H. Stipends. Any employee whose position requires the holding of a C.D.L. license,
or in the event that the Sheriff orders any employee to obtain a C.D.L., that employee will
receive a $700 annual stipend. Such stipend shall be paid in November of each year. In
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the event that the position occupied by the employee does not require the holding of a
C.D.L., the County will have no obligation to continue payment of the stipend.
Employees shall pay for all costs relating to licenses, blood tests and special training
mandated by the State or Federal Government.
I. Any employee who obtains or has obtained the following degrees shall receive an
educational bonus, not added to base, as follows: Associate's Degree - $250.00;
Bachelor's Degree - $500.00; Master's Degree - $1,000.00. A degree must be in a
discipline directly job related or job essential, be awarded by the end of the year prior to
which the bonus is sought and a transcript evidencing receipt of such degree must be
forwarded to COB personnel office. The bonus is to be paid in a lump sum by separate
check no later than the last pay period in February of each year and is not to be included
in base pay
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ARTICLE XVII
NON-DISCRIMINATION
The COUNTY and ASSOCIATION agree that the provisions of this Agreement shall
apply equally to all employees and that there shall be no intimidation, interference or
discrimination because of age, sex, marital status, race, color, creed, national origin,
political affiliation/ activity, private conduct or union activity which is permissible under
law.
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ARTICLE XVIII
MANAGEMENT RIGHTS
A. It is the right of the Employer to:
1. determine the standards of selection for employment according to New
Jersey Department of Personnel (NJDOP) Rules and Regulations.
2. direct his employees;
3. maintain the efficiency of his operation;
4. take all necessary actions to carry out his mission in emergencies,
emergencies to be construed as Acts of God;
5. exercise complete control and discretion over his organization and the
technology of performing his work;
6. schedule employee work hours pursuant to the terms of this Agreement;
B. It is understood and agreed that the Employer, at his sole discretion,
possesses the right, in accordance with applicable laws, to manage all operations
including the direction of the working force and the right to plan, direct and control the
operation of all equipment and other property of the Sheriff’s Office, except as modified
by this Agreement. Matters of inherent managerial policy are reserved exclusively to the
Sheriff. These include, but shall not be limited to, such areas of discretion of policy as
the functions and programs of the Sheriff (standards of service, the overall budget,
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utilization of technology, the organizational structure and selection and utilization of
personnel). The listing of specific rights in this Article is not intended to be nor shall be
considered restrictive or a waiver of any of the rights of management not listed herein.
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ARTICLE XIX
LONGEVITY
A. The following longevity provisions will apply to all employees covered by this
Agreement:
Maximum Amount
2006 2007 2008 2009
Starting 1st day of 6th yr
thru & including the last
day of the 10th year $800 $800 $800 $800
Starting 1st day of 11th yr
thru & including the last
day of the 15th year 1150 1150 1150 1150
Starting 1st day of 16th yr
thru & including the last
day of the 20th year 1700 1700 1700 1700
Starting 1st day of 21st yr
thereafter 2500 2500 2500 2500
B. Longevity shall be based upon initial hire date with Atlantic County.
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ARTICLE XX
SAFETY, HEALTH AND ADMINISTRATION
A. The Employer shall provide Employees with any wearing apparel, tools or
devices reasonably necessary in order to insure their safety, health and security.
B. Safety equipment in vehicles and buildings to which officers are assigned shall
include, but not be limited to:
CPR vomit masks
eye goggles
first aid kits
rubber gloves
fire extinguishers
and other items necessary for officers engaged in their assigned work. Equipment shall
be inspected monthly and repaired, replaced or refilled if found to be deficient in
operation or supply.
C. All other Sheriff Officers' equipment, including but not limited to:
vehicles
fire arms
ballistic vests
helmets
shall be maintained in operable condition.
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D. Employees who are subject to x-ray safety screenings as part of their job
responsibilities shall receive, in writing, the results of exposure analysis study by the
County.
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ARTICLE XXI
NOTICE OF TRANSFER/SHIFT ASSIGNMENT
Seven (7) days notice shall be provided for transfers and changes in shift assignments,
except in emergent circumstances that require an immediate transfer or assignment by the
Sheriff.
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ARTICLE XXII
EMPLOYEE RIGHTS
Officer's rights shall include, but not be limited to, the following:
A. Political Activity
Except when on duty or acting in an official capacity, no Officer shall be
prohibited from engaging in political activity.
B. Advice of Rights
All members of the force are citizens of the United States and of the State of New
Jersey and, as such, are entitled to all rights and privileges guaranteed by the
Constitutions and laws of the United States and of the State of New Jersey. Officers also
hold a unique status as public Officers involved in the exercise of a portion of the police
powers of the County. In an effort to ensure that investigations and/or interrogations of
Officers are conducted in a manner which is consistent with both of these principles, the
following practices and procedures are hereby adopted whenever an Officer is subject to
investigation and/or interrogation by the Sheriff, a commanding Officer or other Officer
of the Division and/or Department for any reason which could lead to criminal charges or
disciplinary action:
1. An Officer has the right not to incriminate himself/herself by answering
questions, oral or written, propounded to him/her in the course of the
investigation, nor shall Officers be compelled to give a statement, oral or written,
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relating to said investigation without first being read and having waived his/her
Miranda rights if the allegation under investigation is criminal in nature.
2. At any point during an investigation an Officer has the right to retain
counsel of his/her choice, at his/her expense, and to have said counsel present to
advise at all stages of the criminal proceeding or interrogation of the Officer.
3. At the request of the Officer, a Union representative of the officer's choice
will be present at any interrogation of the Officer. The Union representative's
purpose shall not be to interfere with the interrogation and/or investigation, but to
witness the conduct of said procedure and to advise the Officer as to his/her rights
under this Article.
4. Any interrogation of the Officer shall be conducted at a reasonable hour,
preferably at a time when the Officer is on duty, with reasonable notice given,
unless the seriousness of the investigation is such that an immediate interrogation
is required. If such an interrogation does occur during the off-duty time of the
Officer being interrogated, the employee shall be compensated for such off-duty
in accordance with the provision of the contract.
5. The interrogation shall take place at a location designated by the Sheriff or
his/her designee, including the investigating officer. Unless the circumstances of
the Investigations dictate otherwise, the location shall usually be at one of the
following: the Sheriffs office; the office of the investigating officer, at the Facility
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at which the Officer is employed; at a location mutually agreeable to the
Interrogating officer and the Officer under investigation; the location where the
incident allegedly occurred, in which case no non-employee complainant shall be
allowed to be present during the interrogation.
6. The Officer under investigation shall be informed of the nature of the
investigation before any interrogation begins. The Officer shall also be informed
no later than the commencement of the interrogation of the name, rank and
command of the Officer in charge of the investigation, the interrogating Officer
and all persons who will be present during the interrogation.
7. All complaints must be reduced to writing as soon as possible during the
course of the investigation. The writing shall include the nature of the
investigation, the names and addresses of all complainants, provided, however,
that the investigating Officer or a commanding Officer may be the complainant.
In the event that the name of the actual complainant is unknown to the
Department, or if the Department believes that the name of the complainant must
be withheld, given the circumstances of the investigation, then the Department
will so inform the Officer, and the reasons why the name of the complainant is not
being given. If as a result of an investigation, disciplinary charges are filed
against the Officer, the charges shall be reduced to writing and the name of the
complainant must be included in the written charge.
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8. The interrogation sessions shall be reasonable in length, and reasonable
breaks shall be allowed for personal necessities, meals, and telephone calls as are
reasonably necessary. The Officer under investigation shall not be subject to any
offensive language, nor threatened with transfer or any disciplinary action. No
promise, reward or favorable treatment shall be made as an inducement to have
the Officer answer questions. However, nothing herein shall be construed to
prevent the investigating Officer from informing the Officer of the possible
consequences of the acts under investigation.
9. The Department shall not cause an Officer to be subjected to visits by the
press or other news media without the Officer's express written consent, nor
shall the Officer's home address, telephone number or photograph be given to the
media without the Officer's express written consent.
10. If the interrogation is recorded, either by audio or visual recording, then all
portions of the interrogation shall be so recorded, and the Officer, if he/she
requests, shall be provided with a copy of the audio or visual recording at the
Officer's expense.
11. In the course of any investigation and/or interrogation, the Officer shall
have the right to provide the names of witnesses who shall be interviewed by the
investigating Officer. Prior to the conclusion of the investigation, the Officer shall
have the right to provide a statement for the record, which statement shall be
made part of the investigation.
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12. Whenever the result of any investigation and/or complaint is that the
Officer is exonerated, the charges are deemed unfounded and/or the charges are
for any reason dismissed, such file shall not in any way be used against the
Officer in any personnel, disciplinary or any other administrative action being
taken with respect to the Officer's employment, including promotion.
13. No Officer shall be compelled to submit to a polygraph examination
without his/her express written consent, and no disciplinary action or other
adverse or punitive action shall be taken against an Officer for refusal to submit
to a polygraph examination.
14. Nothing in the foregoing shall abridge the right of the Sheriff,
commanding Officer or supervisor to counsel with, advise, or admonish an
Officer under his/her command/supervision in private, nor shall anything in the
foregoing abridge the right of the Sheriff and of the Department to initiate
discipline, as long as it is handled in a manner consistent with the protections set
forth in this contract.
15. No dismissal, demotion, transfer, suspension, reassignment, denial of
promotion or reassignment, or any other disciplinary action shall be taken against
any Officer by reason of his/her lawful exercise of the rights and privileges by the
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Constitution and laws of the United States and of the State of New Jersey and/or
the rights guaranteed herein, or elsewhere in the contract.
C. Suspensions
No Officer shall suffer a suspension from duty with or without pay unless the
suspension shall meet the requirements of the guidelines set forth by the Department
regulations, Title 40A, New Jersey Department of Personnel Law and Regulations and
any other applicable law.
D. Outside Employment
No Officer shall be denied the opportunity to participate in secondary
employment, subject to the Division's/Department's right to restrict employment in such
areas where a conflict would exist.
E. Liability Insurance
The County will defend and indemnify each and every Officer against civil suits
arising from their employment to the extent permitted by law. Members of the PBA
Local #243 agree to cooperate in the defense of any such claims.
F. Reservation of Rights
Nothing contained within this Article, nor this contract, shall limit or negate any
right provided by or conferred upon any Officer by any federal, state or local law,
regulation, arbitration or judicial decision.
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G. No employee shall be disciplined without just cause.
H. The Employer shall respect all Weingarten rights of employees.
I. The County and PBA Local 243 agree to form a committee made up of at least
two representatives from management and two representatives from PBA Local 243. One
management representative shall be the Sheriff and one employee representative shall be
the President of PBA Local 243. The Committee shall meet at least quarterly to amicably
discuss any issues of mutual concern and the possibility of an informal solution.
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ARTICLE XXIII
SEPARABILITY AND SAVINGS
A. If a provision of this Agreement or any application of this Agreement to any
employee, member or group of employees or members, is held to be invalid by operation
of law by any Court or other tribunal of competent jurisdiction, then such provision and
application shall be deemed inoperative; however, all other provisions and applications
contained herein shall continue in full force and effect, and shall not be affected thereby.
B. Nothing contained herein shall be construed to deny or restrict to any employee
such rights as he/she may have under any other applicable laws and regulations.
C. The provisions of this Agreement shall be subject to and subordinate to State
Law, but nothing contained herein shall be deemed to subordinate this contract to County
ordinances.
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ARTICLE XXIV
FULLY BARGAINED AGREEMENT
Both parties agree that this Agreement represents all appropriate bargainable
issues. This Agreement incorporates all rights and obligations assumed by each to the
other as a result of the collective bargaining process. This Agreement represents and
incorporates the complete and final understanding and settlement by the parties regarding
all bargaining issues, with the exception of those issues which are subject to the reopening
of this Agreement as specifically provided for within the terms and conditions of
this Agreement, or those issues which may or could arise at a later date during the life of
this Agreement which both parties recognize, by mutual consent, should or must be made
a part of this Agreement.
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ARTICLE XXV
DURATION
This Agreement shall be in full force and effect as of January 1, 2006, and shall
remain in effect to and including December 31, 2009. The parties shall commence
negotiations toward a successor agreement no later than September 1, 2009. Any
Agreement so negotiated shall apply to all employees, be reduced to writing, and be
signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals in
County of Atlantic, New Jersey.
FOR THE COUNTY FOR THE ASSOCIATION
__________________________ ______________________________
Dennis Levinson Roy C. Trotta, Jr., President
County Executive PBA Local #243
Dated:_____________________ Dated:________________________
__________________________ ______________________________
James Ferguson Clifton R. Sudler, Jr.
County Counsel Negotiations Chairman
Dated:_____________________ Dated:________________________
___
James McGettigan, Sheriff
Dated: ___ |