AGREEMENT BY AND BETWEEN

THE BOROUGH OF AUDUBON AND
PBA LOCAL #328




JANUARY 1, 2013
through
DECEMBER 31, 2015


Table of Contents

Purpose:

The purpose of this procedure is to secure at the lowest possible level, equitable solutions to the problems which may arise affecting the terms and conditions of employment. Nothing herein contained shall be construed to limit the right of an employee, having a grievance, to discuss the matter informally with his superior officer and having the grievance adjusted without the intervention of the PBA.

Definition:

The term “grievance” as used herein means a complaint by any employee, that as to him, there has been an inequitable, improper or unjust application, interpretation or violation of this agreement.


Presentation of a Grievance:

In presentation of a grievance, the aggrieved shall have the right to present his own appeal or designate a PBA representative or counsel to appear with him.

Steps of the Grievance Procedure:

The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this agreement;


STEP 1

The aggrieved shall institute action, in writing, signed and delivered to the Chief of Police within five (5) working days of the occurrence. Failure to act within said five (5) day period shall be deemed to constitute an abandonment of the grievance.
The Chief of Police shall render a decision in writing to the aggrieved within five (5) working days after receipt of the grievance.

STEP 2


Should the aggrieved disagree with the decisions of the Chief of Police, then and in that event, the aggrieved may within five (5) working days of the decision, submit the grievance to the Commissioner in charge of public safety. The grievance shall be in writing and signed as the issues in dispute. Within five (5) working days after the receipt of the grievance, the Commissioner in charge of public safety shall render his decision.

STEP 3


Should the aggrieved be dissatisfied with the Commissioner’s decision, such person has five (5) working days in which to request the presentation of his grievance before the entire Board of Commissioners. The Board of Commissioners shall review the decision of the Commissioner in charge of public safety together with the disputed areas submitted by the aggrieved. The aggrieved and/or the PBA representative on council may request an appearance before the Board of Commissioners. The Commissioners will render their decision within ten (10) days after the matter has been presented to them.

STEP 4


Should the aggrieved be dissatisfied with the decision of the Board of Commissioners, then and in that event, the aggrieved has five (5) working days within which to request the appointment of an arbitrator.

A joint request will be made to the Public Employment Relations Commission (PERC) to submit a roster of persons qualified to function as an arbitrator in the dispute in question.

If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request the PERC to submit a second roster of names.

If the parties are unable to determine within ten (10) working days of the initial request for arbitration, a mutually satisfactory arbitrator from the second submitted list to PERC may be requested by either party to designate an arbitrator.

The arbitrator shall limit himself to the issues submitted to him and shall consider nothing else. He can add nothing to nor subtract anything from the agreement between the parties or any policy of the Borough. The arbitrator will submit findings of the fact and recommendations only. Only the Board of Commissioners and the aggrieved and his representative shall be given copies of the arbitrator’s report of findings and recommendations.

The Borough agrees to pay up to $500.00 effective January 1, 2006 per employee and family per year for eye care as follows:
The Borough shall pay for eye examinations when performed by a qualified doctor.
The Borough shall pay for corrective vision and lenses when prescribed by a qualified doctor.
The Borough agrees to pay for sunglasses.

The Borough shall provide a prescription benefit plan by either contracting with the Audubon Board of Education to provide coverage under the board’s prescription plan or the Borough shall provide other coverage substantially equal to or better than the PCS #163 plan. Prescription Co-Pays will be as follows: $3.00 Generic, $10.00 Brand Name. Ninety (90) day mail in prescriptions will be $5 for Generic and $15.00 for brand name. These rates currently apply to employees covered by Aetna Freedom 10, Aetna Freedom15, NJ Direct10, NJ Direct15, Aetna HMO, or Horizon HMO medical plans. An employee who chooses a higher co-pay medical plan may have higher prescription co-pays. Current employees who retire after the signing of this contract will receive up to $250 a year reimbursement for mail in prescriptions.
The Borough shall provide, at only such cost to the employee as may be mandated by law, the State Health Benefits Disability Plan which is substantially equal to or better than the aforesaid plan.
The Borough agrees to continue dental coverage in full force.


ARTICLE 9 – STRESS MANAGEMENT


It is agreed that the Audubon Police Department will follow the police stress unit’s critical incident procedures approved by the International Critical Incident Stress Foundation and adopted by the New Jersey State PBA.


ARTICLE 10 – MEAL ALLOWANCE


When an employee in a bargaining unit is on a special assignment, he may receive a meal allowance upon application to the Chief of Police. Said meal allowance will be granted in relationship to the assignment at the discretion of the Chief of Police of the department. Special assignment is defined to mean “duty that is distinctive or unusual in regard to regular working conditions”. Meal allowance is defined as $5.00 for breakfast, $8.00 for lunch and $12.00 for dinner.


ARTICLE 11 – BONUS FOR QUALIFICATION


It is agreed that a bonus in the amount of $20.00 will be payable to an employee who qualifies as an expert with his service weapon. Said qualification must be paid upon presentation by the employee of a certificate of such qualification from a certified firearms instructor and approved by the Chief of Police.




ARTICLE 12 – REIMBURSEMENT FOR COSTS WHILE ATTENDING SCHOOLS, SEMINARS, ETC.


When an employee is required to attend a police academy, technical school, seminar or firearms qualification program for training in relation to his employment, he shall be reimbursed for reasonable expenses incurred for meals, transportation and lodging while attending said academy, etc. Meal allowance reimbursement will be computed at prices set forth in Article #10 of this document. In order to receive reimbursement for transportation and lodging, the employee must present proof of

his actual expenditure. In the event that an employee has used his own automobile for transportation, he shall be reimbursed at current IRS rate per mile based upon the actual mileage from the Borough of Audubon to and from the place of training.


ARTICLE 13 – COST INCURRED WHILE NOT ON DUTY AND ATTENDING COURT


In the event that an employee is required to attend court other than the municipal court of the Borough of Audubon and said employee is not on duty at the time, then and in that event, he shall be entitled to receive a reasonable allowance for mileage and a compensatory day for each day that he is in actual attendance at the court. If an employee uses his own automobile to travel to the court, then and in that event, he shall be reimbursed at current IRS rate per mile based upon the mileage to and from court. Off duty incidents requiring the officer to testify on behalf of the state are also entitled to a compensatory day each day that he is in actual attendance at the court.


ARTICLE 14 – REPLACEMENT OF UNIFORMS AND EYEGLASSES


In the event that a uniform is damaged or destroyed while an employee is acting within the scope of his employment, then and in that event, the Borough agrees to repair or replace that portion of portions of the uniform which has been so damaged or destroyed without cost to the employee.

In the event that an employees’ eyeglasses are damaged or destroyed while an employee is acting within the scope of his employment, then and in that event, the Borough agrees to repair or replace that portion or portions of the eyeglasses which have been so damaged or destroyed without cost to the employee. Eyeglasses are defined to be corrective lens with frames prescribed by an ophthalmologist or optometrist.





ARTICLE 15 – REPLACEMENT OF EQUIPMENT


In the event that an employee, while in the course of his employment, destroys, damages or depletes any of his equipment used therein, then and in that event, the Borough agrees to replace the equipment which has been destroyed or depleted.




ARTICLE 16 – PRACTICE AMMUNITION


It is agreed that practice ammunition will be issued in accordance with the needs of the members (and approved by the Chief of Police) in order that the employees

may be given the privilege of practicing with their service weapon during the course of the year. Additional ammunition will be supplied for required weapon qualification.

ARTICLE 17 – TRAVELING EXPENSES


All employees traveling outside the Borough on official business at the explicit direction of the Chief of Police shall be paid for reasonable expenses incurred in such travel. The Borough shall endeavor to provide an automobile for such travel. When such automobile is not provided and the employee is required to use his own automobile, he shall be reimbursed at the current IRS rate per mile computed on the basis of actual miles to and from the Borough of Audubon and the ultimate destination. The definition of reasonable expenses means reimbursement for meals computed at the rate set for the in Article #10 and actual lodging expenses. In order to be reimbursed for any expenses, the employee must present proof of his actual expenditures.


ARTICLE 18 – VACATION


Permanent employees shall be granted vacation leave as follows:

After one (1) full year of employment – Two (2) weeks.

After five (5) years of employment – Three (3) weeks.

After ten (10) years of employment – Four (4) weeks.

After fifteen (15) years of employment – Five (5) weeks

After twenty (20) years of employment – Five (5) weeks and three (3) days.

By virtue of the nature of the employment, the covered employees are scheduled for stated tours of duty which may fall on the normal recognized legal holidays. In lieu of time off on the holiday, each employee is entitled to seventeen (17) holidays per year. All Holiday request will be approved from the patrol sergeant or immediate supervisor without any time restriction. Any authorized time off must adhere to departmental coverage requirements. At no time can Holidays be carried over into the following year.

Each employee shall be entitled to four (4) personal holidays a year. These personal holidays shall be in addition to the holidays set forth in section “A” of this article.

Each employee may receive pay in lieu of time off for up to six (6) holidays. The employee must serve written notice to the Chief of Police no later than October 15^th of each year in which the employee wishes to sell back holidays and such notice shall indicate the number of holidays to be sold back.

Of the total number of holidays, each employee shall be required to use five (5) holidays by June 30^th and eight (8) additional holidays by November 1^st of each contract year.

Each employee shall take one (1) personal holiday between January 1^st and June 30^th; and three (3) personal holidays between July 1^st and October 31^st.

For any new police employees hired after January 1^st, 1998, the following restrictions will apply;

One (1) to four (4) years of service: Eight (8) holidays and four (4) personal days with no usage restrictions.


Five (5) to nine (9) years of service: Twelve (12) holidays and four (4) personal days having usage restrictions as follows
Each employee shall be required to use five (5) Holidays by June 30^th and three (3) Holidays between July 1^st and November 1^st of each contract year. Personal days shall be used as per Article D (1).
After nine (9) years of service: Full holidays and personal days as per this Article.
In the event an employee is scheduled to work a shift on one of the following twelve (12) days, said employee shall be paid at the overtime rate for that day. Those twelve (12) days are as follows;

January 1, “New Years Day” 7. Town celebration of 4^th of July.
Lincoln’s Birthday 8. Labor Day (Observed Monday)
Washington’s Birthday 9. Columbus Day
Good Friday 10. Veteran’s Day
Easter Sunday 11. Thanksgiving
Memorial Day (Observed Monday) 12. Christmas Day

G. If at any time an officer works overtime on New Years Day, Easter, Town celebration of July 4^th, Thanksgiving or Christmas Day they will receive payment at time and a half of their overtime rate.

ARTICLE 20 – SICK LEAVE


The employees, after completion of their six month initial probation period, are entitled to one (1) day sick leave for each two (2) months of service thereafter. Those employees who have been full-time employees with the Borough for more than one (1) year shall receive twelve (12) days of sick leave.
In order to receive credit for sick leave after three (3) full (8 or 12 hour) days of absence, the employee must present a certificate from a physician upon his return to work. The Borough reserves the right to have its medical staff evaluate the employee on sick leave.
Sick leave may not be accumulated for more than one-hundred twenty-six (126) days. Upon retirement, an employee shall be paid accrued sick leave provided that said employee shall have been steadily employed for the periods listed below by the Borough, in the amount as follows;

Ten (10) days after five (5) years of service.
Fifteen (15) days after ten (10) years of service.
Twenty (20) days after fifteen (15) years of service.
Twenty-five (25) days after twenty (20) years of service.
Thirty-five (35) days after twenty-five (25) years of service.

Each Officer working 12 hour shifts will receive a compensatory hour for every scheduled hour above 2080 in a year. It is recognized an Officer is normally scheduled for at least 182 tours of duty in a year. These hours will be placed into an Officer’s compensatory bank on January 1^st of each year. All other compensatory time accrued during the year will be placed into this bank.

All Compensatory time requests will be approved from the patrol sergeant or immediate supervisor without any time restriction. Any authorized time off must adhere to departmental coverage requirements.


An Officer must use a minimum of 48 hours during the midnight shift annually with 24 hours used prior to June 30^th.
A 12 hour shift Officer must use a minimum of three hours at a time, unless otherwise approved by the Chief or his Designee.

24 hours of compensatory time may be carried into the following
year. At no time may compensatory time be bought back, unless approved by the Governing Body.

A callback/recall of a shift or any comparable unit during a declared emergency, which has been so proclaimed by the Chief of Police, shall result in payment at overtime to said employees so serving during the declared emergency.

All officers scheduled to work a second shift (or held over into a second or subsequent shift) in a twenty-four (24) hour period shall be paid overtime for those hours worked in that second scheduled shift.

Recall of individual employees will be made on the basis of seniority in rotating order to be determined by the Chief of Police. The officer at the top of the list shall be called for duty; if a supervisor is required then the next available supervisor will be called to work. Any patrolman that is skipped during supervisor recall will remain at the top of the list for the next recall. Any ranking officer is eligible to fill a subordinate’s position during the recall or callback.

Two (2%) percent of annual base salary after five (5) years of continued employment.

Five and one-half (5.5%) percent of annual base salary after ten (10) years of continued employment.

Seven and one-half (7.5%) percent of annual base salary after fifteen (15) years of continued employment through the 18th year .

Prior continuous service with the Borough of Audubon will be computed to determine years of service for longevity.

For new employees hired after January 1^st 1998, eligibility for longevity bonus will be granted at the first pay period of each December for full years of service completed on or before November 30^th, in accordance with the following formula:

Two (2%) percent of annual base salary after eight (8) years continued employment.

Three (3%) percent of annual base salary after ten (10) years of continued employment.

Five and one-half (5.5%) percent of annual base salary after fifteen (15) years of continued employment through the 18^th year.

Anyone hired after April 30, 2010 will no longer be eligible for longevity. Anyone previously laid off due to economic reasons and then re-hired after the signing of this contract, won’t be affected by this change.

To qualify for payment for college credits, the credits must be directly related to police or law enforcement subjects.

Associate Degree: $7.00 per credit up to the maximum of $448.00 per year for sixty-four (64) credits.

Bachelor Degree: $7.00 per credit up to the maximum of $868.00 per year for one-hundred twenty-four (124) credits.

Masters Degree: $7.00 per credit up to the maximum of $1,078.00 per year for thirty (30) credits, (this payment figure includes the Bachelor’s Degree payment).

To qualify for payment, the employee must submit a transcript of completed subjects and credits and also a copy of the Associate Degree, Bachelor Degree or Master’s Degree upon completion of the course.

Payment will be made at the last pay period in the year.

This Section shall include Associates and Bachelors degrees. All requests for such schooling shall be submitted to the Chief of Police by October 1^st of the preceding year to allow for budgetary commitments.

The Borough agrees to pay for a Master’s Degree program per employee. However, payment per year, per employee, shall not exceed three-thousand dollars ($3,000.00). Notification to the Chief of Police must be made by October 1^st in the preceding year so that budgetary commitments may be made for the subsequent year. Upon completion of a Masters Degree program, the employee agrees to remain employed by the Borough of Audubon for a minimum of five (5) years or will reimburse the Borough twenty (20%) percent for each year not served from date of graduation. (Example: leave Borough after one (1) year, eighty (80%) percent payable to Borough, leave after two (2) years, sixty (60%) percent payable to Borough, etc., up to five years.)

ARTICLE 27 – SHIFT DIFFERENTIAL PAYMENT

When an employee works the 3pm-11pm shift and 11pm-7am shift, he shall be compensated at six and three-quarters (6.75%) percent of the employees base salary.

When an employee works a permanent 3pm-11pm shift, he shall be entitled to compensation at three (3%) percent of the employee’s base salary.

When an employee works a permanent 11am-7pm shift, he shall be entitled to compensation at four (4%) percent of the employee’s base salary.

The Chief of Police shall certify to the Borough those employees’ eligible to receive shift differential payment.

Any officer working in a patrol capacity on 12 hour shifts shall be entitled to compensation at (3.375%) of the employee’s base salary. If a Detective or Administrative officer is assigned to work the 12 hour shift; they will be eligible for shift differential for that period worked.

Shift differential payments shall be made to the employees on a quarterly basis. The payments shall be made to those employees on a quarterly basis. The payments shall be made on the last pay periods of March, June, September and December.


ARTICLE 28 – CLOTHING ALLOWANCE

It is recognized that the employee in this bargaining unit is required to wear uniforms in accordance with the departmental rules and regulations. Accordingly, it is agreed that each employee is entitled to purchase new uniforms for the years of the contract through the Department of Public Safety. Said uniform allowance will be used for the purchase of uniforms. The clothing allowance for each member shall be $1,200. Said clothing allowance will be paid in cash on the first pay period after the municipal budget is adopted. If the budget isn’t adopted prior to July 31^st, then payment will be made on the last pay period of July.

In addition to the clothing allowance, each employee shall receive $275.00 for reimbursement for uniform cleaning maintenance.

Each officer shall be issued a bullet proof vest. At no time shall the number of vests be less than the number of officers employed by the Borough. All bullet proof vests are to be identified, labeled and inventoried. The labeling shall include an identification number and the date the vest was originally put into use. This inventory list shall be compiled by the Chief of Police once a year, on the anniversary date of the purchase of the vest. Any vest on the list or the updated list which has been in use for five (5) years, shall be retired and replaced with a new vest to be purchased by the Borough. Retired vests shall be turned into the Borough and taken off the list with the issuance of the new vest.

The Chief of Police shall reserve the right to order replacement uniforms for any officer whose uniform shows obvious wear, damage and/or destruction not directly resulting from the scope of his employment. This replacement cost will be the sole responsibility of the officer. This right is retained for all years in this contract.




ARTICLE 29 – RETIREMENT


Employees retiring on either regular or disability pension shall be paid for the unused accumulated holiday and vacation days; said payments shall be computed at the rate of pay based upon the base annual compensation due and owing during the last year of his employment and prior to the effective date of his retirement.

Employees intending to retire on either age and service or disability pension shall accordingly notify the Director of Public Safety, or his designee, ninety (90) days prior to the date at which said retirement or disability is to become effective.

For employees retiring after twenty-five (25) years of continuous service with the Borough, or officers with prior PFRS contributions from another agency may apply no more than five (5) years of that service to “continuous” service with the Borough of Audubon and have served at least twenty (20) years with the Borough of Audubon, or on a State approved disability pension as per Chapter 88:PL 1974, the Borough shall provide a fully paid blue cross and blue shield medical benefit plan or a substantially equal or better medical plan carried by the Borough. Coverage shall include the employee, spouse and children under age twenty-three (23) and will terminate for the spouse when the spouse remarries or, as to children, when each child reaches age twenty-three (23), as per Chapter 88:PL 1974 and Chapter 436:PL 1981, (Reference Article #7).

If the State of New Jersey advises the Borough that an employee is eligible for early retirement including years of service credit and the Borough elects to offer this early retirement to the employee, and if, with the years of service credit for early retirement added to the actual years of continuous service by the employee it is understood that the employee has twenty-five (25) or more years of service, for purposes of this article and for the purposes of the State of New Jersey, NJPFRS, said employee will meet the requirement of having twenty-five (25) or more years of continuous service.




ARTICLE 30 – AGENCY SHOP BILL


The Borough of Audubon agrees to deduct the representation fees of eighty-five (85%) percent of the amount of the regular PBA dues, fees and assessments from any employee who is covered by this agreement and does not become a member of the PBA.

The PBA shall submit to the Borough in writing the amount of regular charges paid by a member of the PBA so that the eighty-five (85%) percent representative fee may be computed. The information shall be submitted at any time during the calendar year.

The PBA will submit to the Borough a list of employees covered by this agreement that have not become members of the PBA. This list will be submitted after the hiring of any new employee at anytime during the calendar year of the new hire.

The Borough agrees to deduct the representation fee (section 2) in equal amounts from the employees’ weekly salary in any calendar year. The deductions shall begin immediately from the next applicable pay cycle upon receiving the list in Section 3.

If an employee is terminated before the full representation fee is paid to the PBA, then the Borough will deduct the unpaid portion of the fee from the final paycheck for that year and forward the payment to the PBA representative.



ARTICLE 31 – ATTENDANCE AT NEGOTIATION MEETINGS


It is agreed that employees who are duly selected members of the negotiating team may attend negotiation sessions if those sessions are scheduled during their regular shift, provided however, only if there are sufficient remaining employees on the shift to insure the safety of the Borough in accordance with regularly accepted police standards.

ARTICLE 32 – RETENTION OF BENEFITS

All the powers, rights, duties, responsibilities, benefits and authority that the parties had prior to the signing of this agreement are retained by the parties, except those and only to the extent that they are specifically modified by this agreement and are not contrary to public policy nor a law of the State of New Jersey.

ARTICLE 33 – MANAGEMENT RIGHTS

The Borough hereby retains or reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon or invested in it prior to the signing of this agreement by the laws and constitution of this State of New Jersey and the United States, including, but without limiting the generality of the foregoing, the following rights;
To the executive management and administrative control of the Borough government and its’ properties and facilities in the activity of its employees.

To hire all employees, determine their qualifications and conditions for continued employment or assignment and to promote or transfer employees.

To suspend, demote, discharge or take other disciplinary action for good and just cause pursuant to the rules and regulations heretofore adopted.


ARTICLE 34 - DAYS AND HOURS LANGUAGE

All references to “days” within this Contract shall be based on 8-hour days. To the extent that the shifts change to 12-hour shifts pursuant to Article 21, then, in that event, all benefits under this Contract shall be converted to hours with the understanding that one (1) day equals eight (8) hours. For example, 2-weeks vacation would convert to eighty (80) hours and so on.

In witness whereof, the parties have hereunto set their hands and

seals dated this 24th day of June, of the year 2013.

PBA #328 DELEGATES BOROUGH OF AUDUBON

ญญญญญญญญญญญญ___________________________ _________________________ James Rossell John J. Ward, Mayor

___________________________ _________________________ Jeffrey Whitman Jon Martin, Comm.

___________________________ _________________________ Thomas Gorman Jennifer Dawson, Comm.

___________________________ATTEST David Taraschi Borough Administrator