COMMUNICATIONS WORKERS OF AMERICA
BLUE COLLAR SUPERVISORS
AND
THE CITY OF GLOUCESTER
UNION CONTRACT
FOR
SUPERVISOR BARGAINING UNIT
JANUARY 1, 2004 THROUGH DECEMBER 31, 2008
TABLE OF CONTENTS
ARTICLE PAGE
I PREAMBLE 1
II UNION RECOGNITION 2
III ADHERENCE TO DEPT. OF PERSONNEL STATUTES 3
IV UNION SHOP 4
V UNION DUES 5
VI BULLETIN BOARDS 6
VII UNION BUSINESS LEAVE 7
VIII MANAGEMENT RIGHTS 8
IX PERSONNEL FILES 9
X NON-DISCRIMINATION 10
XI SENIORITY 11
XII JOB POSTING 12
XIII EDUCATION AND TRAINING 13
XIV DISCIPLINE 14
XV GRIEVANCE PROCEDURE 15-17
XVI PAST PRACTICE 18
XVII WORK CLOTHING ALLOWANCE 19
XVIII HOURS OF WORK 20
XIX HOLIDAYS 21
XX SICK LEAVE 22
XXI VACATION 23
XXII BEREAVEMENT 24
XXIII LEAVES OF ABSENCE 25
XXIV LONGEVITY 26
XXV WAGES 27
XXVI PENSION PLAN 28
XXVII LIFE INSURANCE 29
XXVIII HEALTH BENEFITS 30-32
XXIX RE-EMPLOYMENT AFTER LAY-OFF 33
XXX SUBCONTRACTING 34
XXXI SAVINGS CLAUSE 35
XXXII FULLY BARGAINED CLAUSE 36
XXXIII DURATION OF AGREEMENT 37
7
ARTICLE I
PREAMBLE
A. This Agreement is entered into this day of by and between the City of Gloucester City, herein referred to as the "City", and Communications Workers of America, Supervisor Unit, herein after referred to as the "Union".
B. The Purpose of this Agreement is to promote harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE II
UNION RECOGNITION
A. The City agrees to recognize the Union as the sole and exclusive bargaining representative of all permanent, provisional, full-time and part-time, listed below and any employee which may be hired to classifications not specially excluded by the law.
JOB TITLES:
Public Works Supervisor
Maintenance Supervisor
Water and Sewer Supervisor
B. Any new title authorized by D.O.P. for use by the Employer will be negotiated for inclusion or exclusion from the bargaining unit. If the parties are unable to agree on the inclusion or exclusion of a title, the Union will pursue statutory procedures under the New Jersey Public Employment Relations Act.
C. This Agreement shall govern all wages, hours and other terms and conditions of employment herein set forth.
D. This Agreement will be binding upon all the parties hereto, their successors and assigns.
ARTICLE III
ADHERENCE TO DEPARTMENT OF PERSONNEL RULES
The City and the Union agree to be bound by all Department of Personnel Rules and Regulations.
ARTICLE IV
AGENCY SHOP/UNION DUES
A. The City agrees to deduct dues weekly from the base pay of each employee, in accordance with the expressed terms of a signed voluntary authorization to do so, the amount of membership dues of the CWA. Dues shall be paid per month or such amount as may be certified by the CWA to the Employer at least thirty (30) days prior to the month in which the deduction of Union dues is to be made. Said deductions shall be made out of the first payroll period or the earliest subsequent payroll period for each month. Deduction of Union dues made pursuant hereto shall be remitted by the City to CWA Local, AFL-CIO, 26 High Street, P.O. Box 723, Mt. Holly, NJ 08060 (Attn: Treasurer)
B. The employees covered under this agreement who are not members of the union shall be required to pay a portion of the dues as provided in NJSA 34:13A referred hereafter as agency shop.
C. The City further agrees to forward a list of all bargaining unit employees including new hires and terminations, once each month to CWA Local, AFL-CIO. The transmittal of the said list shall be simultaneous with the transmittal of the aforementioned deductions. Such list shall indicate which of the employees, whose names appear thereon, did or did not pay regular dues.
ARTICLE V
BULLETIN BOARDS
A. The Union shall have use of bulletin boards located outside the Supervisor’s office located at the foot of Brick Street and the Operator’s office located at Johnson Blvd. and Gaunt for the posting of notices relating to meetings and official business of the Union only.
B. Only material authorized by the Union shall be permitted to be posted on said bulletin board.
ARTICLE VI
UNION BUSINESS LEAVE
A. Upon prior notice to and approval of the appropriate City representative, the shop steward and/or negotiating committee member(s) may be permitted to confer with management. This shall be in accordance with the Grievance Procedure set forth herein and to attend collective bargaining sessions with the City representative(s). Such action shall be without loss of pay, or any other contractual benefit, provided the conduct of said business shall not diminish the effectiveness of the employee's Departments, or require the recall of off-duty employees to bring the Department to its proper effectiveness.
B. [1] One (1) Steward of the Union shall be granted up to a maximum of two (2) days off annually without loss of pay for purpose of attending Union conferences and/or seminars.
[2] In order to be eligible for this benefit, the steward must notify the Business Administrator and their immediate supervisor at least one (1) week in advance of said conference and/or seminar.
[3] If an employee fails to provide prior verification of the conference and/or seminar, or verification of attendance, said employee shall be charged for said time off from work.
C. An employee attending any meeting covered by this Article on his off-duty time shall do so voluntarily. The employee and the Union understand and agree that any such off-duty time spent shall not be compensated by the City and shall not be considered "compensable hours" pursuant to the Fair Labor Standards Act.
ARTICLE VII
MANAGEMENT RIGHTS
A. The Employer retains and reserves unto itself all rights, powers, duties, authority and responsibilities conferred upon and vested in it by the law and constitution of the State of New Jersey.
B. All such rights, powers, authority and prerogatives of management possessed by the Employer are retained, subject to limitations imposed by law, except as they are specifically abridged or modified by this Agreement.
ARTICLE VIII
PERSONNEL FILES
A. Each employee may review the contents of his/her file on the same day of the request. A Union representative may accompany said employee while he/she reviews his/her file. The employee shall have the right to respond to any document in his/her file within thirty (30) working days of its receipt by the employee. Such response shall be directed to the appropriate party and shall be included in the employee's personnel file. Matters pertaining to major disciplinary action shall be maintained as provided in the rule and regulations of the New Jersey Department of Personnel.
B. Employees shall be given a copy of all documents which are to be included in the personnel file. Additionally, employees will be afforded the opportunity to initial documents prior to such placement in the file.
C. Upon approval of this Agreement all written warnings and written reprimands over eight (8) months old and all corrective action over sixteen (16) months old shall be deleted from the employee's file provided there are not subsequent reprimands, warnings, corrective and/or disciplinary actions in the file. When a corrective action is removed from the file, all references to the corrective action plan in other documents shall also be deleted. The record of major disciplinary actions shall be required and/or maintained by the New Jersey Department of Personnel.
ARTICLE IX
NON-DISCRIMINATION
A. The City and the Union agree that there shall be no discrimination against any employee because of race, creed, color, religion, sex, national origin, or political affiliation.
B. The City and the Union agree that all employees covered under this Agreement have the right without fear of penalty or reprisal to form, join and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the City or the Union against any employee because of the employee's membership or non-membership or activity or non-activity in the Union.
ARTICLE X
SENIORITY
A. Seniority is defined as continuous unbroken service in a covered position with the Employer.
B. Seniority shall be given strong consideration by the employer with respect to promotion. If there are two or more employees with substantially equal qualifications and ability to perform the work, the employee with the greatest seniority shall be given consideration.
C. In cases where the Employer anticipates making lateral transfers or reassignments from one unit/department to another in a given title, volunteers shall be sought first. In the event there are no volunteers, the vacancy shall be filled by inverse order of seniority.
D. Seniority shall be considered in the selection of vacation schedules and work schedules.
E. The City will comply with all the requirements of the New Jersey Department of Personnel in the posting of positions. Should that entity no longer exist the City shall implement procedures in conformance to those currently in existence.
ARTICLE XI
DISCIPLINE
The City will perform all disciplinary actions within the prescribed procedures of the New Jersey Department of Personnel. Any disciplinary action not covered under the provision of that jurisdiction will be subject to the grievance procedures as established by Article XV of this agreement.
A. No employee shall be discharged, disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage, or given adverse evaluation of performance without just cause.
B. Just cause shall be defined as follows:
1. The employer gave the employee forewarning or foreknowledge of the possible or probably disciplinary consequences of the employee’s conduct.
2. The employer’s rule or managerial order was reasonably related to the orderly, efficient, and safe operation of the City.
3. Before administering discipline to an employee the employer made an effort to discover whether the employee did in fact violate or disobey a rule or order of management.
4. The employer’s investigation was conducted fairly and objectively.
5. At the investigation the “judge” obtained substantial evidence or proof that the employee was guilty as charged.
6. The employer has applied its rules, orders, and penalties even handedly and without discrimination to all employees.
7. The degree of discipline administered by the employer in a particular case must be reasonably related to (I) the seriousness of the employee’s proven offense and (II) the record of the employee and his service to the City.
C. Discipline shall be progressive in nature and corrective in intent. At each step of the procedure the employee must be:
(a) advised of the situation;
(b) advised of corrective action needed;
(c ) advised of future action that will be taken;
(d) advised of the right to union representation.
D. Any disciplinary action which results in a removal or suspension pending removal shall not be imposed prior to the employee having an informal hearing.
ARTICLE XII
EDUCATION AND TRAINING
A. The quality and extent of service the City is able to provide is dependent on the competence and skill of the staff charged with delivering those services.
B. To fulfill the above objective the Employer will pay for the tuition and books required for the course and/or seminar. The City also agrees to give the employee the approved mileage and lodging allowances for attending said course and/or seminar. For any approved conferences, seminars and/or courses wherein a payment for meals is reimbursable, the payment shall be up to a maximum of: breakfast $5.00; lunch $6.60; dinner $10.50.
C. To be eligible for this benefit the employee must receive prior approval from their Business Administrator. Such approval shall not be unreasonably denied.
ARTICLE XIII
GRIEVANCE PROCEDURE
A. Purpose
1. The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to problems which may arise affecting the terms and conditions of employment. The parties agree that the procedure will be kept as informal as may be appropriate.
2. Nothing herein contained shall be construed as limiting the right of an employee to discuss a matter informally with any appropriate member of the Administration. If such discussion involves a matter covered by the definition of a grievance in Section B, the Union shall be advised of the adjustment of the issue.
3. This constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement.
B. Definitions
1. The term "grievance" shall mean an allegation that there has been:
(a) A violation, misinterpretation or misapplication of the terms of this Agreement.
(b) An inequitable, improper, unjust application or misinterpretation of rules or regulations, administrative orders, existing policy, or orders applicable to the Departments including minor disciplinary actions.
2. The term "employee" or "grievant" as used in this Article shall also mean a group of employees with a grievance, or the Union.
3. Working day is defined as Monday through Friday excluding Holidays.
C. Presentation of a Grievance
The Employer agrees that in the presentation of a grievance there shall be no loss of pay for the time spent in presenting the grievance by the grievant, a Union representative and a Union recorder.
D. Grievance Procedure
STEP 1
The grievant and his/her Union Shop Steward shall present the employee's written grievance or dispute to his/her Supervisor within fifteen (15) working days of occurrence or within fifteen (15) working days after he/she would reasonably be expected to know of its occurrence. Failure to act within said fifteen (15) days shall be deemed to constitute an abandonment of the grievance. The Department Head shall schedule a hearing within five (5) working days of receipt of the grievance and shall render a decision in writing to the grievant within five (5) working days of the hearing.
Step 1 may be waived upon request of the Union.
STEP 2
If the grievance is not settled through Step 1, the same shall be presented in writing by the employee and the employee's Union representative to the Business Administrator within ten (10) working days of the written response from Step 1. Within fifteen (15) working days of receipt of the notice from the grievant, a hearing shall be held before the Business Administrator. The Business Administrator shall render a written decision on the grievance within ten (10) working days of the close of the hearing. Should the Administrator not respond in a timely manner the union shall have the right to proceed to the next step.
STEP 3
1. If no settlement of the grievance has been reached between the parties, the grievance may be moved to arbitration only by the Union within thirty (30) working days of receipt of a decision from Step 2.
2. (a) Any unresolved grievance, except matters involving appointment, promotion or assignment; or matters within the exclusive province of the State Department of Personnel may be appealed to arbitration (only by the Union). The Union must file the request for arbitration within thirty (30) working days after the receipt of the Step 2 decision.
(b) Nothing in this Agreement shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the State Department of Personnel. The Union's decision to request the movement of a grievance to arbitration or to terminate the grievance prior to submission to arbitration shall be final as to the interests of the grievant and the Union.
(c) Where the grievance involved an alleged violation of individual rights specified in State Department of Personnel Law and Rules for which a specific appeal to the State Department of Personnel is available, the individual may present his/her complaint to the State Department of Personnel directly. The grievant may pursue the State Department of Personnel procedure or the Grievance Procedure as herein provided. Once the grievant makes the selection of procedure, such selection shall be deemed final and binding and constitute an absolute waiver of the procedure not selected. The election will be made in writing at the appropriate time.
3. Should the Union wish to move a grievance to arbitration, the Union shall notify the Public Employment Relations Commission of same and request a list of arbitrators to be furnished to the Employer and the Union. Selection of an arbitrator shall conform to the procedures of the Public Employment Relations Commission, respectively. The parties shall meet at least ten (10) working days prior to the date of the arbitration hearing to frame the issues to be submitted to the arbitrator and to stipulate the facts of the matter in an effort to expedite the hearing.
4. The arbitrator shall hear the matter on the evidence and within the meaning of this Agreement and make a decision, which decision shall neither modify, add to, or subtract from the terms of this Agreement and the referenced policies. The decision shall be rendered within thirty (30) days of the hearing.
5. The cost of the arbitrator and his/her expenses shall be borne equally by both parties. Any other expenses incurred in connection with the arbitration shall be paid by the party incurring same.
6. The cost of the transcript, if any, will be borne by the party requesting it. If both parties request a transcript, the cost will be shared equally.
7. The arbitrator may prescribe an appropriate back pay remedy when he/she finds a violation of this Agreement, provided such a remedy is permitted by law, and is consistent with the terms of this Agreement, except that he/she may not make an award which exceeds the Employer's authority.
8. The decision or award of the arbitrator shall be final and binding to the Employer, the Union, and the grievant or grievant to the extent permitted by and in accordance with applicable law and this Agreement. Disciplinary disputes shall be subject to the Grievance Procedure herein set forth.
9. Either party shall have the right to seek judicial review of the matter as prescribed by New Jersey Statutes.
E. There shall be no loss of pay for employee for time spent either as a grievant, witness, one (1) Union representative, Union recorder, or Union observer in any step of the Grievance procedure. An individual Union observer is limited to observe each step of the Grievance Procedure one time only.
F. Employee grievances shall be presented on prepared forms. The Grievance Procedure, as defined herein, shall be strictly adhered to.
G. Grievance resolutions or decisions at Step 1 through Step 4 shall not constitute a precedent in any arbitration or other proceeding unless a specific agreement to that effect is made by the authorized representatives of both parties. This is not to be construed as limiting the right of either party to introduce relevant evidence, including such grievance resolutions, to the prior conduct of the other party.
H. One (1) Union member, designated by the Union, shall be allowed a reasonable amount of time during working hours to investigate each grievance.
ARTICLE XIV
PAST PRACTICE
Unless otherwise provided in this Agreement or by all applicable regulations, nothing contained herein shall be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any employee benefit existing prior to the effective date of this Agreement.
ARTICLE XV
WORK CLOTHING ALLOWANCE
Each Supervisor shall receive an allowance of $300.00 per year and a pair of work shoes. They shall also be provided with a payment of $300.00 annually for the use of their personal vehicles during call back.
ARTICLE XVI
HOURS OF WORK
A. The normal work week shall consist of five (5) scheduled work days Monday through Friday of equal assignments eight (8) consecutive hours including a sixty (60) minute lunch period. The work week shall consist of forty (40) hours.
B. Supervisors shall be paid one and one-half times their regular hourly base rate of pay for all overtime worked. Overtime hours will be calculated on a daily basis for any hours worked beyond the regular eight (8) hour day. Any hours worked beyond the regular forty (40) hour work week shall be calculated on an overtime basis.
C. When a supervisor is designated on weekend standby he/she shall receive three (3) hours pay whether called into work or not.
D. When a supervisor is not scheduled for work and is called to work, he/she will receive a guaranteed minimum of two (2) hours.
E. Employees working overtime more than two (2) hours past their regular shift or employees working four (4) hours overtime on Saturday, Sunday or holidays will be permitted to secure a meal and charge it to the City Account. Meal reimbursement will be paid in check under "others" in the pay check at a rate of ten dollars and fifty cents ($10.50) per meal.
F. Sundays and Holidays -
1. Supervisors requested to work on Sunday shall be paid at two (2) times their regular base rate of pay for all hours worked and shall be guaranteed a minimum of four (4) hours work.
2. All work performed on designated holidays shall be paid at two (2) times the regular base rate of pay plus the holiday pay and shall be guaranteed a minimum of four (4) hours work.
ARTICLE XVII
HOLIDAYS
A. The following holidays and floating holidays will be observed:
HOLIDAYS FLOATING HOLIDAYS
New Year's Day President’s Day
Martin Luther King's Birthday Columbus Day
Good Friday General Election Day
Memorial Day Veteran’s Day
Independence Day Day After Thanksgiving
Labor Day Floating Day
Christmas Day Two (2) Personal Holidays
Thanksgiving Day
B. Whenever any of the above holidays falls on a Saturday the previous Friday is granted, or Sunday the following Monday is granted. Additional holidays as established from time to time by gubernatorial proclamation, by appropriate authority, by rule, proclamation, or order given in a given locality shall be granted for employees.
C. If a holiday occurs while an employee is on leave with pay the day shall be recorded as a holiday instead of sick or vacation leave.
D. A request to the Superintendent to use a floating holiday will not be unreasonably denied. A floating holiday is a holiday that an employee can take at any time.
1. Floating holidays will not accumulate
2. If a request(s) to use a floating holiday is denied during the calendar year and at
the end of that same year an employee has accumulated holidays for that year, the City will pay the employee for all remaining floating holidays calculated at that employee's current rate of pay.
ARTICLE XVIII
SICK LEAVE
A. Sick leave means the absence of an employee from duty because of: (1) illness, injury, pregnancy disability, exposure to contagious disease; (2) necessary attendance upon a member of the immediate family, who is ill, including a person living in the household in a spousal relationship, or other relatives living in the employee's household; and (3) death of any person listed above.
B. 1. An employee will accumulate sick leave on the basis of one (1) day per month of service, or fraction thereof during the first year of employment.
2. Starting with the second year of employment, an employee shall be entitled to fifteen (15) days sick leave each calendar year. Sick leave will be credited in advance at the beginning of the calendar year.
3. Sick leave shall be cumulative.
4. Sick leave may be utilized in one (1) hour increments.
5. A physician's certificate shall be required whenever an employee is on sick leave for five (5) or more consecutive working days. Any employee who will have used in excess of 15 days in the prior 12 months shall be required to provide a Doctor's certification for all additional absences due to sick leave.
C. All employees who retire or sever employment from the Public Employees retirement system shall be entitled to receive at fifty percent (50%) a lump sum payment for unused accumulated sick leave earned during continuous service since the recent date of hire. Earned sick leave shall be computed according to the average annual compensation received during the last year of his/her employment prior to the effective date of retirement. No lump sum payment shall exceed $15,000.
D. If an employee accumulates fifty (50) sick days, which shall be called a bank, the employee will be entitled to "buy back" on an annual basis, at 100%, any sick leave the employee has accumulated in excess of the bank up to a maximum of fifteen (15) days as long as the request for such payment is made in writing to the Director by December 15 of a year for payment to be made in February of the succeeding fiscal year.
ARTICLE XIX
VACATION
A. Full-time employees shall be granted vacation leave as follows:
YEARS OF SERVICE AMOUNT OF VACATION:
Less than 1 year 1 day per month
1-4 completed years of service 12 days per year
4 + 1 day - 11 completed years of service 15 days per year
11 + 1 day - 18 completed years of service 20 days per year
18 + 1 day - 25 completed years of service 25 days per year
over 25 years of service 30 days per year
B. Any increase in vacation days based on years of service shall be credited at the beginning of the calendar year in which the employee attains such years of service with anticipation that his/her employment will be continuous throughout the calendar year.
C. Service includes all temporary and/or provisional continuous service immediately prior to permanent appointment with the employer or other office of the same Employer provided there is no break in service of more than one (1) month.
D. Vacation leave shall be cumulative up to ten (10) days per year. Employees are eligible for a one time buy back of vacation time up to a maximum of five (5) vacation days per year.
E. Employees resigning or retiring shall be granted vacation leave pro-rated on the basis of current annual allowance divided by twelve (12), multiplied by the months of service completed within the particular year.
F. If an employee is on vacation and becomes ill and can provide medical evidence of such illness during that time not allowing the employee to continue on vacation or should a death occur in accordance with the provisions of the bereavement leave provisions of this agreement the time may be changed to sick or bereavement time as applicable and the vacation time reinstated.
G. The City will continue its current practice of the vacation bonus to be paid to employees on the first pay day in June in the amount of 2% of the employee's previous year's salary.
ARTICLE XX
BEREAVEMENT
A. All employees shall be entitled to a maximum of five (5) days leave with pay in the event of death in the immediate family. The immediate family shall be defined as: spouse, child, step-child, adopted child, parent, and step-parent.
B. Employees shall be entitled to three (3) days leave with pay in the event of death of employee's sister, brother, grand-parent, grand-child, father-in-law, and mother-in-law, son-in-law and daughter-in-law
C. Employees shall be entitled to one (1) day leave with pay in the event of death of an employee's sister-in-law, brother-in-law, aunt, uncle, niece, nephew, or step parent.
ARTICLE XXI
LEAVES OF ABSENCE
1. JURY DUTY
A. Should an employee be obligated to serve as a juror, he/she shall receive full pay from employer for all time spent on jury duty.
B. Any remuneration received by the employee from the court for such service will be deducted from the wages received for the corresponding workdays.
2. LEAVE WITHOUT PAY
A. Upon request, an employee may be granted an unpaid leave of absence for a period not to exceed one (1) year at any one time. Such leave may not be unreasonably denied.
B. Provisional employees may be granted up to sixty (60) days leave without pay.
C. Any employee taking an unpaid leave of absence shall be permitted to continue his/her health benefit coverage for up to twelve (12) months after employer paid coverage ends by pre-paying the monthly premiums at least thirty (30) days before the coverage month.
3. OTHER LEAVES
A. All other proper and authorized leaves provided for by Federal or State law shall be recognized, and constituted as part of this Agreement.
B. Injury Leave – Injury leave with full pay will be granted to employees temporarily disabled arising through the performance of their duties in accordance to the statutes of New Jersey under Chapter 15 of NJSA Title 34 for such time as stated in the statute. It is the intention of the City to supplement any temporary disability payments made under Worker’s Compensation to employees to receive their full salary or wage.
ARTICLE XXII
LONGEVITY
A. Each employee shall receive longevity pay in accordance with the schedule outlined below. This payment shall be calculated as a percentage of the employee's base salary.
Years of Completed Service % of Base Salary
5 Years 2%
10 Years 2.5%
15 Years 3%
20 Years 4%
25 Years 5%
30 Years 6%
B. All longevity payments will be made on the 1st day following the anniversary date by adjusting the employees then current base pay.
C. Any eligible employee who retires during the course of the years will receive longevity pay on a monthly prorated basis.
ARTICLE XXIII
WAGES
January 1, 2004 all employees shall receive a 3% increase to base
January 1, 2005 all employees shall receive a 3% increase added to base
January 1, 2006 all employees shall receive a 3% increase added to base
January 1, 2007 all employees shall receive a 3.25% increase added to base
January 1, 2008 all employees shall receive a 3.5% increase added to base
ARTICLE XXIV
PENSION PLAN
Pension and retirement benefits shall be provided to employees covered by this Agreement. The City will continue providing pension benefits according to its current contributions to the New Jersey Public Employees Retirement System.
ARTICLE XXV
LIFE INSURANCE
Life insurance will be provided by the City to the employee under the provisions of the New Jersey Public Employee Group Life Insurance Plan.
ARTICLE XXVI
HEALTH BENEFITS
A. Health Insurance
1. The City agrees to maintain a Health Benefits Program equal to or better than the current plant during the course of this agreement.
2. Employees eligible dependents who are enrolled in the above insurance program will be covered and the premiums will be paid by the Employer.
3. Employees who have HMO plans pay the excess charges under the New Jersey Benefits Plan. Retirees under this arrangement will have these excess charges automatically deducted by the State.
4. The Employer agrees to provide equal or better benefits in addition to negotiating with the Union, in the event the City wants to change insurance carriers.
B. Retirees Health Insurance
1. Employees who retire after twenty-five (25) years of continuous service in the New Jersey State Health Benefit Plan will receive 100% Employer paid Medical/Hospitalization Insurance for the employee and their eligible dependents
C. Dental Coverage
The City agrees to continue providing dental coverage not to be less than:
Preventive (Type I)
Plan pays 100%
Plan Includes:
Fluoride Treatment
Oral Examination
Prophylaxis
Space Maintainers
X-Rays
Basic (Type II)
Plan pays 80% after applicable deductible*
Plan incudes:
Repairs to Dentures, Crowns and Bridges
Scaling and Root Planning
Fillings
Root Canal Therapy
Extractions
Major (Type III)
Plan pays 50% after applicable deductible
Crowns
Dentures
Bridge Work
Gingivectomy
Gingival Curettage
Periodontal Surgery
Orthodontia
Plan pays 50%
Plan Includes:
Bands and Appliances
Cephalometric X-Ray
Treatment Study Models
No deductible Type I
*Deductible amount includes Types II and III: $25.00
Calendar year maximum includes Types I, II, III: $1,000.00
Lifetime maximum for Orthodontia: $500.00
E. Optical
The City agrees to continue providing a vision plan for the employees in the Supervisor Bargaining Unit according to the following schedule of services and benefits:
EMPLOYEE, SPOUSE, AND CHILD*
BENEFIT AVAILABLE FREQUENCY OF BENEFIT REIMBURSEMENT
Professional Fees:
Vision Exam Once every 24 months** $ 25.00
Lenses:
Single Vision Once every 24 months** $ 24.00
Bifocal Once every 24 months** $ 36.00
Trifocal Once every 24 months** $ 46.00
Lenticular Once every 24 months** $120.00
Frame: Once every 24 months $ 20.00
Contact Lenses (in lieu of clear lenses and frame):
Medical Once every 24 months** $200.00***
Elective
(non-medical) Once every 24 months** $ 75.00***
*Child: Any unmarried dependent child who has not attained his/her 19th birthday, or 23rd birthday if attending school full time. No age limit for wholly dependent mentally retarded/handicapped children.
**Exam and lenses are available to the developing child (up to age 19) once every 12 months.
***Includes the allowance for the examination.
F. Prescription
The City agrees to continue providing a prescription plan for employees in the Supervisor Bargaining Unit. There shall be a $10.00 deductible for brand name Prescription Drugs and a $5.00 deductible for generic Prescription Drugs during the duration of this agreement.
This plan shall provide benefits to all eligible employees in the bargaining unit and their dependents.
Prescription coverage for retirees and their eligible dependents. The premium of such coverage shall be borne equally between the City and the employee, where each pays 50% of the premium. When the employee is eligible for the federal program, the City’s insurance shall become secondary and the City shall pay the entire cost of the premium.
ARTICLE XXVII
RE-EMPLOYMENT AFTER LAY-OFF
The City will comply with all the regulations of the New Jersey Department of Personnel on layoff and callback provisions. Should that entity cease to exist the City will follow procedures in conformance with those currently in existence.
ARTICLE XXVIII
SUB-CONTRACTING
The Employer agrees that any work normally performed by bargaining unit employees shall not be contracted out as long as the Employer has the necessary equipment, qualified employees are available to do the work, and the Employer has not demonstrated efficiency increases in the delivery of the services.
ARTICLE XXIX
SAVINGS CLAUSE
If any of the provisions of this Agreement should be held invalid by operations of law or regulation by a tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by such tribunal or appropriate administrative agency pending a final determination as top its validity, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE XXX
FULLY BARGAINED CLAUSE
The parties agree that they have fully bargained and agreed upon all the terms and conditions of employment and that the terms and conditions of employment shall not be changed during the life of this Agreement.
ARTICLE XXXI
DURATION OF AGREEMENT
A. This Agreement shall be effective for a five (5) year term from January 1, 2004 through December 31, 2008 and shall thereafter automatically renew itself until either party shall give at least ninety (90) days written notice prior to the expiration date of its desire to modify this contract. Upon the giving of such notice, the parties shall immediately proceed to negotiate a new contract, the terms of which shall be retroactive to the expiration date.
B. This Agreement and all its provisions shall be extended to remain in full force and effect during any period of negotiations on a succeeding Agreement which continues beyond the expiration date of this Agreement.
Signed this 2nd day of Dec. 2004 .
Employer Communications Workers of
America AFL CIO
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Thomas J. Kilcourse, Mayor Lauren Young, Staff Rep.
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Debra A. Fourre, City Admin. Donald Souder, Negotiating
Committee
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John Gorman, Negotiating
Committee |