AGREEMENT BETWEEN CITY OF NORTH WILDWOOD, NEW JERSEY AND COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO
LOCAL 1034 - DISTRICT ONE
JANUARY 1, 2005 THROUGH DECEMBER 31, 2009
INDEX
Preamble 1
I Association Recognition 1
II Grievance Procedure and Arbitration 2
III Management Rights 6
IV Safety 8
V Jury Duty 8
VI Bereavement Leave 9
VII Insurance, Health and Welfare 9
VIII Hours and Working Conditions 12
IX Compensatory Time 15
X No Strike or Lockout Pledge 16
XI Vacation 17
XII Check-off, Agency Shop, Pay Day, Payroll and Savings
Bonds Deductions 19
XIII Sick Leave 21
XIV Holidays 24
XV Time to Attend Meetings 25
XVI Leave of Absence 26
XVII Longevity 28
XVIII Wages 29
XIX Uniform Allowance 30
XX Promotions and Promotional Pay 31
XXI Loyalty, Efficiency, No Discrimination 32
XXII Drug/Alcohol-Free Workplace and Alcohol Testing 32
XXIII Severability 34
XXIV Fully Bargained Provisions 35
XXV Miscellaneous 36
XXVI Fair Labor Standards Act 37
XXVII Definitions 38
XXVIII Salary Ranges 40
XXIX Duration of Contract 41
PREAMBLE
This Agreement dated this ________ day of _______, 2005 by and between the City of North Wildwood, a Municipal Corporation of the State of New Jersey, hereinafter referred to as the "City" and the Communications Workers of America, AFL-CIO, hereinafter referred to as the "Union".
This Agreement is entered into in order to promote and insure harmonious relations, cooperation, and understanding between the City and its employees; to prescribe the rights and duties of the City and its employees; and to provide for the resolution of legitimate grievances; all in order that the public service shall be expedited and effectuated in the best interest of the people of the City of North Wildwood and its employees. It is the intent of the parties that this Agreement be construed in harmony with the laws of the State of New Jersey which govern public employment.ARTICLE I
ASSOCIATION RECOGNITION It is the intention of the parties that this Agreement be construed in harmony with the rules and regulations of the Civil Service Commission, the New Jersey Public Employment Relations Act, as amended (N.J.S.A.34:13A-1 et seq., the Statutes of the State of New Jersey and the resolution or rule and regulations of the City of North Wildwood). Where any resolution or rule and regulation or part thereof of the City or its various departments is inconsistent with any term or condition of this Contract, the express term and condition of this Contract shall prevail and supersede said inconsistent resolution, rule, regulation or part thereof.
The City hereby recognizes the Union as the sole and exclusive representative for collective negotiations concerning salaries, wages, grievances, and other terms and conditions of employment for all full-time and permanent part-time Blue Collar employees of the Public Works Department of the City of North Wildwood, specifically excluding all seasonal employees and all police and fire personnel and confidential employees, clerical personnel, supervisors and managerial executives within the meaning of the Public Employment Relations Act, as determined by the City. Permanent part-time employees are those regularly scheduled to work twenty (20) hours or more per week. ARTICLE II
GRIEVANCE PROCEDURE AND ARBITRATION A. Definition:
The term grievance, as used herein, means any controversy arising from the interpretation, application or violation of policies, agreements and administrative decision which affects the terms and conditions of employment of the employee.
B. Purpose:
1. 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 the Agreement. The parties agree that this procedure will be kept as informal as may be appropriate.
2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the departmental supervisory staff and having the grievance adjusted without the intervention of the Union.
3. Any grievance may be raised by any employee or by the Union at the request and on behalf of an individual or group of individuals.
C. Steps of the Grievance Procedure:
The following constitutes the sole and exclusive method of resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent. The definition of working days is Monday through Friday, excluding holidays.
STEP ONE:
The aggrieved or the UNION shall institute action under the provision hereof within Five (5) working days after the event giving rise to the grievance has occurred or within five (5) working days after the aggrieved would reasonably be expected to know of its occurrence, and an earnest effort shall be made to settle the difference between the aggrieved employee and the aggrieved employee's Department Head for the purpose of resolving the matter informally.
STEP TWO:
If no agreement can be reached orally within ten (10) working days of the initial discussion with the Department Head, the employee or the UNION may present the grievance, in writing, within ten (10) working days thereafter to the City Administrator or his/her designated representative. The written grievance at this time shall contain the relevant facts and the remedy requested by the grievant. The City Administrator or his/her designated representative shall conduct a hearing with the UNION within ten (10) working days and then shall thereafter respond, in writing, within ten (10) working days after such hearing.
STEP THREE:
If the aggrieved person is not satisfied with disposition of the grievance by the appropriate Committee, the grievance may be submitted to arbitration within thirty (30) calendar days after the expiration of Step Two. A maximum of five (5) grievances shall be submitted to binding arbitration in any calendar year.
1. A request for a list of arbitrators shall be made to the Public Employees Relations
Commission by the moving party and both parties shall then be bound by the rules and procedure of P.E.R.C. in the selection of an arbitrator.
2. The arbitrator shall limit himself/herself to the interpretation and application of the terms of this Agreement and to the issues submitted to him/her and consider no other(s).
3. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement or impose on any party thereto a limitation or obligation not provided in this Agreement.
4. The award of the arbitrator on the merits of any grievance within his/her jurisdiction and authority as provided in this Agreement shall be binding upon the parties.
5. The fee of the arbitration shall be borne equally by the party.
D. If a decision is not rendered within the time limits prescribed for decisions at any step in the grievance procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits for processing the grievance at any step in the grievance procedure.
Any grievance not presented in accordance with the applicable time limits or other requirements in the steps listed above shall be automatically foreclosed according to the last response given.
E. Authorized representatives of the Union, whose names shall be filed in writing with the Mayor or his/her designee, shall be permitted to visit the City’s facilities or the office of the City Administrator for the purpose of processing grievances. Any duly authorized representatives of the Union designated in writing, after reporting to the office of the Department Head, shall be admitted to the premises for the purpose of assisting in the adjustment of grievances and investigation of complaints that the contract is being breached. Upon request, the Union representative shall state the purpose of his/her visit. Except in emergency, at least eight (8) hours advance notice must be given. Such visits shall nor be permitted to interfere with, hamper or obstruct normal operations. The Shop Steward will have two (2) hours to conduct investigations and shall suffer no loss of pay.
F. It is specifically understood and agreed that arbitration shall not be obtainable as a matter or right if the grievance:
a. involves the existence of alleged violation of any Agreement other than the present Agreement between the parties; or
b. would require an arbitrator to consider, rule on, or decide any of the following:
i. the elements of a job assignment;
ii. the level, title, or other designation of an employee's job classification;
iii. the right of management to assign or reassign work;
iv. pertains in any way to the establishment or administration of insurance, pension, savings or other benefit plans in which employees are eligible to participate; or
v. involves violations of State Laws and Regulations.
G. Effective January 1, 1995 the parties agree that the Union may elect to designate five (5) arbitrations to be binding arbitrations during each contract year. It is agreed that the decision of the arbitrator shall be binding on both parties and further that both parties will pay their share 50/50 all costs charged by the arbitrator. Advisory arbitration shall remain for all other arbitrations except for the first five (5) arbitrations elected by the Union during each contract year and it is also agreed that both parties will pay for their share of arbitration 50/50.
H. Employee minor disciplinary letters contained in any personnel file, such as for tardiness and other very minor violations, shall be removed after twelve (12) months provided it was a single occurrence.ARTICLE III
MANAGEMENT RIGHTS It is recognized that the management of the City, the control of its properties and the maintenance of order and efficiency is a right and responsibility of the City of North Wildwood.
Accordingly, the City hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the United States, including but without limiting the generality of the foregoing, the following rights:
1. To the executive management and administrative control of the municipal government
and its properties and facilities and to determine the methods of operation to be offered by its employees and to direct the activities of its employees;
2. To determine the standards of selection of employment and to hire all employees and subject
to the provisions of Law, to determine their qualifications and conditions for continued employment or assignment and to promote and transfer employees;
3. To reprimand, suspend, demote, discharge or take other disciplinary action for good and just
cause according to Law;
4. To transfer, assign, reassign; lay-off, and recall employees to work;
5. To determine the number of employees and the duties to be performed and to relieve its
employees from duty because of lack of work or lack of funding or other legitimate reason in accordance with the Department of Personnel's rules and regulations.
6. To maintain the efficiency of its operations and to maintain the efficiency of employees; to
establish, expand, reduce, alter, combine, consolidate, or abolish any job or job classification, department operation or service;
7. To determine staffing patterns and areas worked to control and regulate the use of
facilities, supplies, equipment, materials and other property to the employer;
8. To determine the number, location and operation of divisions, departments, units and all
other work groups of the employer, the assignment of work, the qualifications required, the performance standards and the size and composition of the work force;
9. To determine the amount of overtime to be worked;
10. To determine the methods, means, and personnel by which its operations are to be
conducted;
11. To determine the content of work assignments;
12. To exercise complete control and discretion over its organization and the technology of
performing its work; and
13. To make, maintain and amend such responsible rules and regulations as it may from time
to time deem best for the purpose of maintaining order, safety, and/or the effective and efficient operation of the work for the City. ARTICLE IV
SAFETY The City shall endeavor to provide conditions of work, which are both safe and healthy in conformity with all federal, state and local laws. To that end, a representative of the Union shall serve on the City’s Safety Committee.
The City shall make available the reasonably necessary safety items and equipment in order to insure safety and health.ARTICLE V
JURY DUTY A regular employee who loses time from his/her job because of jury duty as certified by the Clerk of the Court, shall be paid by the City the difference between his/her job rate for either eight (8) hours and the daily jury fee, subject to the following conditions:
a. When the jury service is completed prior to 1:00 PM, the employee is required to telephone
the Department Head and report to work if requested.
b. Time lost because of jury service will not be considered for purposes of computing overtime.
c. The employee must notify his/her Supervisor immediately upon receipt of any communication
regarding jury service.
d. No reimbursement of wages will be made for jury service during holidays or vacations.
e. At the Department Head’s request adequate proof must be presented of time served on a jury and amount received for such services.ARTICLE VI
BEREAVEMENT LEAVE 1. Employees shall be granted time off without loss of pay for the following deaths:
a. immediate family shall consist of spouse, domestic partner, child, stepchild, mother, father, brother, sister, stepmother, stepfather, grandmother, grandfather, grandchildren, mother-in-law, father-in-law, brother-in-law and sister-in-law.
2. maximum time off for any one occurrence shall be three (3) days. This time is not to be deducted from any other benefits.
b. Aunt, uncle, spousal relationship and first cousins.
3. maximum time off for one occurrence shall be one (1) day. This time is not to be deducted
from any other benefits.ARTICLE VII
INSURANCE, HEALTH AND WELFARE A. The CITY shall provide a comprehensive health benefit program including hospitalization, medical treatment, major medical coverage, surgical fees and all of the benefits which are currently included in the health benefit program, at the date of this Agreement, for the employee and his/her family to commence ninety (90) days after the commencement of current active employment. Employees shall only be permitted to enroll in the type of coverage for which the employee is eligible.
B. The CITY shall provide a co-pay prescription plan for the individual and his/her family. Effective January 1, 2006, the Co-payment for the Prescription Plan shall become $ 5.00 for mail in prescriptions, $ 10.00 for generic drugs and $ 20.00 for brand name drugs.
C. The CITY, at its sole discretion, retains the right to select and change insurance carriers during the term of this Agreement, provided coverages are substantially similar. Disagreements regarding coverage changes can go to the grievance process and to arbitration. The CITY will notify the Union at least thirty (30) days before any change is to happen. Selection of the carrier or carriers is a managerial prerogative not subject to the terms of this collective bargaining agreement.
D. Employees may choose to execute a waiver of Health Insurance program coverage and receive reimbursement per existing CITY policy. The CITY reserves the right to discontinue this policy of waiver reimbursement at any time, with 30 days notice prior to an open enrollment period. The current policy provides as follows:
1. Employees shall be permitted to opt out of the medical insurance coverage
provided by the City as long as the employee furnishes the City with documentation to establish that the employee has health insurance coverage from another source.
2. Employees who elect to opt out of the coverage provided by the City shall be paid
the sum of $2,000.00 for each full year that the employee declines coverage. The amount to be paid to employees who opt out for part of a year and receive City provided health insurance for part of that same year shall be pro-rated. Said
payment shall be made by the City to the employee during the first pay period in
December of the year in which the employee opted out of coverage.
E. The CITY shall provide a dental insurance program, which includes all of the benefits which are currently included in the dental insurance program, at the date of this Agreement, for the employee and his/her family to commence ninety (90) days after the commencement of current active employment.
F. The City is to pay the cost of Group Health Insurance while an employee is receiving worker’s compensation. The City will also pay this cost while the employee is out of work with a non-work related disability after employee has used half of available sick days he/she has coming to them. At no time is he/she required to use their last fifteen (15) days.
G. The CITY agrees to provide co-pay disability insurance for the Public Works employees for the length of this contract. The maximum CITY cost per employee for said insurance is the state disability rate. The City will also pay this cost while the employee is out of work with a non-work related disability after employee has used half of available sick days he/she has coming to them. At no time is he/she required to use their last fifteen (15) days.
H. After twenty seven (27) years of service and upon retirement, an employee shall be entitled to continue the comprehensive health benefit program for a period of up to three (3) years or to the age of sixty five (65), the time of receiving Medicare, whichever comes first at the expense of the City.
I. An employee, upon retirement and at his own expense, shall be permitted to continue the comprehensive health benefit program.New Hires: Employees hired after the execution date of this collective bargaining agreement, will have the option of electing health benefits coverage from the City’s plans. One plan of the City’s choosing shall remain without any premium cost to the eligible employees and their eligible dependents during the term of this agreement. Should an employee choose any of the other health benefit plans offered by the City, the employee shall pay the cost difference between the free plan and the other plan.
ARTICLE VIII
HOURS AND WORKING CONDITIONS A. The work week shall consist of seven (7) consecutive days beginning at 12:01 AM Sunday and ending at 12:00 midnight Saturday. This shall not be construed, and nothing in the Agreement shall be construed, as a guarantee of limitation of the number of hours to be worked per day, per week or for any other period of time by employees covered hereunder. Work week shall normally be comprised of an either eight (8) hour work day and a forty (40) hour work week.
B. Between May 25th and September 15th of each calendar year, a six (6) consecutive day rotating schedule will be in effect. At no time will an employee be required to work seven (7) consecutive days, unless an emergency exists. During the Summer period, the employee’s “day off” will be scheduled to be either a Tuesday, Wednesday or Thursday. Once designated, the “day off” shall remain the same.
C. Overtime wages will not be paid unless the six (6) day schedule entails more than forty (40) hours. The City may request that an employee voluntarily work the seventh (7th) consecutive day in any week. In the event the employee agrees to work the seventh day, the employee shall be paid at double time for the hours actually worked during the seventh day.
D. Employees shall be entitled to two (2) fifteen (15) minute coffee breaks and one (1) thirty (30) minute lunch in every eight (8) hour shift. The City shall have the right to issue rules and regulations regarding when and how such break and the lunch period shall be taken by the employees.
E. Stand-by Beeper:
1. Each employee designated to be on stand-by will be required to carry a beeper during the stand-by period. If an employee is not called in on a holiday or weekend, he shall be entitled to three (3) hours of comp-time per day. Weekday stand-by, if not called in, shall be one (1) hour of comp-time per day.
2. If an employee is called in for non-scheduled overtime, he shall be guaranteed a minimum of three (3) hours compensation whether or not the two hours are worked, except when the end of the call-in period coincides with the beginning of his/her regularly scheduled shift.
3. Any employee who wishes to have another employee cover their stand-by will have the employee sign a copy of attached Agreement, which will be approved by the Public Works Superintendent.
F. In the event that the Department of Personnel eliminates any job title, which is currently in the bargaining unit and workers are placed into either an existing job title or a newly created job title, the employer agrees to negotiate over the wage rate of the job title(s) in which workers are placed, if there is no wage rate to cover that particular title. Such negotiations will only be concerned with the wage rate for the newly created title and will have no effect on any existing rates in the salary scale. Additionally, in the event that two (2) or more existing job titles, which are currently paid at different rates are consolidated into one title, the pay rate of the highest rate job shall become the wage rate for the consolidated title.
G. The following form will be used for the assignment of Stand-by Time:
***** DATE: _______________________
I, _____________________________________, have agreed to cover the following stand-by time ______________________________ for ___________________________. I will be responsible for any call-outs during this period.
I will use a beeper at all such times.
__________________________________
SIGNATURE
APPROVED BY:
_______________________________________
PUBLIC WORKS SUPERINTENDENT
*****
ARTICLE IX
COMPENSATORY TIME All work performed in excess of either eight (8) hours per diem, or forty (40) hours per week shall be considered overtime and shall receive compensatory time off at the rate of time and one-half for each hour worked. If an employee works on the second unscheduled day of the work week, the rate shall be double time. However, no compensatory time shall be worked nor shall any compensatory time be given unless said compensatory time has been specifically authorized by the Department Head or other appropriate managerial executive prior to its being worked. Compensatory time shall be compensated in one-quarter (1/4) hour units, fractional portions being counted as a full quarter (1/4) hour. No compensation shall be made for an initial period of less than fifteen (15) minutes. Employees may be required to work in excess of the hours designated as the normal work week for their class title. The City shall distribute compensatory time as equitable as possible and in the best interest of the City. When practicable, compensatory time shall be held to within classification.
Compensatory time off must be taken upon approval of the City, but not less than four (4) hour increments. All employees shall submit requests for approval of the use of compensatory time off at least twenty-four (24) hours in advance.
An employee may cash in up to twenty-five (25) hours of accumulated compensatory time at his/her regular pay rate in each quarter of the calendar year.
If an employee is required to appear in court on City related business, he/she is expected to be dressed in a suitable fashion and said employee shall suffer no loss in pay during the working hours.
It is acknowledged that provisions of the Fair Standards Act (FLSA) shall apply to the City and that the United States Department of Labor is to promulgate regulations governing such application prior to that date. The City reserves the right to award compensatory time in lieu of monetary compensation for overtime worked and to establish rules and regulations concerning the monitoring of and use of compensatory time in order to comply with such regulations and to comply with FLSA generally.
The City agrees that each employee is to receive record of their available sick days, compensation time and vacation days on a quarterly basis. Reports will be given in the last pay of March, June, September and December. ARTICLE X
NO STRIKE OR LOCKOUT PLEDGE Neither the Union nor the employee of the employer shall interfere, instigate, promote, sponsor, engage in, or condone any strike or lockout. In the event that any person violates the terms of the no-strike clause, the public employer shall have the right to discharge or otherwise discipline such person. In the event that an arbitration proceeding is instituted, which involves a breach of the no-strike clause, the sole question for the arbitrator shall be whether the employee was engaged in the prohibited activity.
The Union will actively discourage and will take whatever affirmative steps necessary to prevent or terminate any strike, work stoppage, slowdown, walk-out, or other job action against the City.
The City agrees that it will not engage in a lock-out or other similar action because of any proposed changes in the Agreement or disputes over matters relating to the Agreement.
Nothing contained in this Agreement shall be construed to limit or restrict the City in its right to seek and obtain such judicial relief as it may be entitled to have under the law.ARTICLE XI
VACATION 1. Annual Vacation Leave with pay for employees hired prior to the execution of this Agreement shall be earned at the rates set forth below:
a. Up to one (1) year of service - one (1) working day's vacation for each month of service.
b. After one (1) year and to the completion of eight (8) years of service twelve (12) working days vacation.
c. After eight (8) years and to the completion of fifteen (15) years of service - fifteen (15) working days vacation.
d. After fifteen (15) years and to the completion of twenty-two (22) years of service - twenty (20) working days vacation.
e. After twenty-two (22) years and to retirement - twenty-five (25) working days vacation.
2. Annual Vacation Leave with pay for All New Hires employed after the date of the execution of this Agreement shall be earned at the rates set forth below:
a. up to one (1) year of service - one (1) working day's vacation for each month of service;
b. first full calendar year of employment up to the completion of ten (10) years of continuous service - twelve (12) working day's vacation;
c. after ten (10) years up to the completion of twenty (20) years of continuous service - fifteen (15) working day's vacation;
d. after 20 years and to retirement - twenty (20) working day's vacation.
Carryover of vacation days: All New Hires shall be entitled to carry over no more than an aggregate of ten (10) vacation days from prior years into the next year.
3. All vacation shall be granted so far as practicable in accordance with the desires of the employee. Employees shall submit vacation requests at least one (1) month in advance. Preference for vacation time shall be given in order of seniority. VACATIONS MAY BE TAKEN FROM JUNE 15TH THROUGH SEPTEMBER 15TH ONLY WITH APPROVAL OF THE DEPARTMENT HEAD, IN THE DEPARTMENT HEAD’S ABSOLUTE DISCRETION. WITHOUT IN ANY WAY LIMITING THE DISCRETION OF THE DEPARTMENT HEAD, VACATION WILL NOT BE GRANTED BETWEEN JUNE 15 AND SEPTEMBER 15 IF IT WILL RESULT IN OVERTIME OR IMPAIR THE OPERATIONS OF THE DEPARTMENT OR THE PROVISION OF SERVICES.
Two (2) Personal days may be used each year between June 15th and September 15th. One (1) additional personal day may be taken between September 10th and June 14th. Personal days are granted on a calendar year basis and are earned on a pro-rata basis throughout the year.
Any employee who commences employment during the first fifteen (15) days of the month shall be credited with having worked a full month for the purposes of vacation computation. Any employee who commences employment on the sixteenth (16th) day of the month or thereafter shall not be credited with working said month for the purpose of vacation computation.
ARTICLE XII
CHECK-OFF, AGENCY SHOP, PAY DAY
PAYROLL AND SAVINGS BONDS DEDUCTIONS If authorized voluntarily and in writing to the proper disbursing officer of the City, an employee subject to this Agreement who is a member of the Union may indicate his/her desire to have deductions made from his/her compensation for the purpose of paying usual, customary and uniform dues to the Union.
A check-off shall commence for each employee who signs a properly dated authorization card supplied by the Union and approved by the City during the month following the filing of such card with the City.
In addition, pursuant to N.J.S.A. 34:13A-5.5, the City agrees to deduct from the salaries of its employees subject to this Agreement, but not members of the Union, a representation fee in lieu of dues for services rendered by the majority representative in an amount equal to 85 percent of the regular membership dues, fees and assessments paid by member of the Union, less the cost of benefits financed through the dues and assessments paid by members of the Union, less the cost of benefits financed through the dues and assessments and available to and benefitting only members of the Union. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, N.J.S.A. (R.S. 52:14-15.9e), as amended. Said monies, together with records of any corrections shall be transmitted to the Union office during the month following the monthly pay period in which deductions were made. Implementation of a payroll deduction for a representative fee will commence with a notification from a Shop Steward or Union Official, but not to exceed thirty (30) days from date of the notice.
If during the life of this Agreement there shall be any change in the rate of membership dues, the Union shall furnish to the City written notice prior to the effective date of such change.
The Union agrees to furnish the City with a copy of its "demand and return system", which must be established and maintained by the Union in accordance with the law.
The Union shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of any action taken in making deductions and remitting the same to the Union, pursuant to this article.
Any written authorization required herein may be withdrawn at any time by the filing of a notice of such withdrawal with the above mentioned disbursing officer and deduction authorization cannot again be effected for a period of three (3) months.
The normal pay day for employees shall be on a bi-weekly basis to be paid every other Friday. Pay will be distributed at established locations for the various departments. Those employees who shall be on vacation on the normal pay day shall be paid on Thursday, upon request in accordance with procedures of the Chief Financial Officer’s Office. All New Hire Employees employed after the date of the execution of this Agreement shall be paid on a bi-weekly basis, to be paid every other Friday. Pay will be distributed through the City's established direct deposit system.
The City reserves the right to administer weekly payroll deduction plans for savings bonds in accordance with such rules as may be issued by the Chief Financial Officer of the of the City of North Wildwood.
Compulsory deduction from payroll are as follows:
a. Federal & State Withholding Tax
b. F.I.C.A. (Social Security)
c. Pension Deduction (if eligible)
d. Contributory Deduction
e. Unemployment Compensation InsuranceARTICLE XIII
SICK LEAVE All employees shall be entitled to sick leave with pay as the following:
a. One (1) working day sick leave with pay for each month of service from the date of regular appointment up to and including December 31st next following such date of appointment.
b. Fifteen (15) working days sick leave with pay for each calendar year thereafter.
If any such employee requires 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 shall be entitled to such accumulated sick leave with pay, if and when needed. The total of years of service of an individual employee, after temporary appointment pending examination, with appointment later made permanent in the Classified Department of Personnel of the City of North Wildwood, both prior and subsequent to the adoption of the Department of Personnel.
Sick Leave for purposes herein is defined to mean absence from work of an employee 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, a short period of emergency attendance upon a member of his/her immediate family critically ill and requiring the presence of such employee.
Whenever an employee in the classified Department of Personnel is disabled, as a result of illness or injury entitling said employee to Workmen’s Benefits, he shall be entitled to a leave of absence with pay to be known as Service Associated Injury (S.A.I.) Leave (as differentiated from sick leave). Such leave shall be governed by the provisions of Ordinance #693 and applicable state statutes.
Retirement:
Once retirement notice is submitted and an employee is no longer working full-time, all accrual of sick and vacation time will cease.
Reporting of Absence of Sick Leave:
If an employee is absent for reasons that entitle him to sick leave, his/her Department Head or Designee shall be notified by telephone or personal message at 8:00AM or other beginning hour of work for his/her position.
Failure to notify his/her Department Head may be cause of denial of the use of sick leave for the absence and constitute cause for disciplinary action.
Absence without notice for five (5) consecutive days shall constitute a resignation not in good standing.
Verification of Sick Leave:
Sick leave for a period greater than five (5) days or totaling more than fifteen (15) days in one (1) calendar year, shall be granted only on the certificate of the department physician or a reputable physician, in which it is certified that the leave requested is within the provisions of the statutes and these rules, except that sick leave claimed by reason or quarantine or exposure to contagious disease may be proved on the certificate of the local department of health, and in case of death in family, upon such proof as the Department Head shall require.
The City may require proof of illness of an employee on sick leave. Abuse of sick leave shall be cause of disciplinary action.
The City may require an employee who has been absent because of personal illness, as a condition of his/her return to duty to be examined, (at the expense of the city), by a physician designated by the City. Such examination shall establish whether the employee is capable of performing his/her normal duties and that his/her return will not jeopardize the health of other employees.
At retirement, the City agrees to pay each employee an amount up to fifty (50) percent of all accrued and unused sick leave pay up to a maximum of $10,000:
0 - 9 YEARS 00 PERCENT 20 YEARS 37 PERCENT
10 - 14 YEARS 10 PERCENT 21 YEARS 40 PERCENT
15 YEARS 20 PERCENT 22 YEARS 43 PERCENT
16 YEARS 25 PERCENT 23 YEARS 46 PERCENT
17 YEARS 28 PERCENT 24 YEARS 49 PERCENT
18 YEARS 31 PERCENT 25 YEARS 50 PERCENT
19 YEARS 34 PERCENT
This supplemental compensation payment to be paid hereunder shall be computed at the rate of one-half (½) of the eligible employee’s daily rate of pay for each day of earned and unused accumulated sick leave based upon the average annual base compensation received during the last year of his/her employment, prior to the effective date of his/her retirement; provided, however, that no such lump sum supplemental compensation payment shall exceed Ten Thousand Dollars.
Payment shall be made promptly, if funds are available, but not later that one (1) month after the final adoption of the budget of the City of North Wildwood for the year succeeding the effective date of retirement of the employee.
ARTICLE XIV
HOLIDAYS Employees shall be entitled to at least fourteen (14) holidays each year. Further, in the event the City grants more than fourteen (14) holidays to Non-Union City Employees, employees hereunder shall likewise be granted such additional holiday. Said Holidays will be:
2. Martin Luther King, Jr. Day
3. Presidents Day
4. Good Friday
5. Memorial Day
6. Primary Election Day
7. Independence Day
8. Labor Day
9. Columbus Day
10. Election Day
11. Veterans Day
12. Thanksgiving Day
13. Day after Thanksgiving Day
14. Christmas
Holiday compensatory time accrued on Memorial Day and Independence Day may be used at any time, including the non-vacation period of June 15th through September 15th.
The actual date each Holidays will be observed will be designated by the Mayor on an annual basis. In the event of the demise of a Blue Collar Worker, all compensatory time and vacation days shall be converted into cash, using the regular rate of pay and paid to the estate of the deceased.
When an employee is called upon to work on such designated holiday, he/she shall receive double compensatory time off for all hours worked on such holiday.
Holiday compensatory time shall not be allowed an employee unless he is working during the week in which the holiday falls, and is on the job and available for work his/her last full schedule work day before and his/her first full scheduled work day after the holiday, even though in different work weeks, except in case of proved illness or injury substantiated by a medical certificate.
Should a designated holiday be observed on one of the employee's regularly scheduled basic work days within his/her normal working period while he/she is on vacation, said holiday shall not be counted as a vacation day.
Holidays which fall on a Saturday shall be celebrated on the preceding Friday, and holidays which fall on a Sunday shall be celebrated on the following Monday.
Holiday compensatory time shall apply to employees holding provisional appointment, pending examination for permanent employment but shall not apply to employees holding temporary emergency or seasonal positions.
Emergency closing by the City for public safety reasons such as weather emergencies are not considered to be additional holidays under this agreement.ARTICLE XV
TIME TO ATTEND MEETINGS Members of the bargaining unit who by mutual agreement between the Union and the City of North Wildwood, participate during working hours in conferences and meeting with the City which involve or derive from its collective bargaining agreement, shall suffer thereby no loss of pay. Members of the bargaining unit shall be allowed one-half (1/2) hour prior to and one-half (1/2) hour after the conference is over as excused time from their work assignment. They shall give their supervisor reasonable notice in advance of their desire to attend such meetings. It is understood, however, that except for the foregoing, nothing shall be done which shall interfere with the work of any city employees and/or department. Vacation days will be rescheduled if they coincide with city authorized meetings. The Union agrees to take all necessary steps to insure that this time is within reasonable limits.
The City will consider a written request for the necessary and reasonable time off, up to a maximum of fifteen (15) days annually, without discrimination or loss of seniority rights or loss of pay, to not more than two (2) employees annually designated by the Union to attend a labor convention or serve in any capacity on other official Union business. Length of time off and reason must be specified. During the period of absence, the employee shall not engage in gainful employment. Failure to comply with this provision shall result in the employee receiving preliminary notice of disciplinary action (C.S. 31A). ARTICLE XVI
LEAVE OF ABSENCE A. GENERAL LEAVE OF ABSENCE.
1. Any employees desiring leave without pay for personal reasons shall make a request in writing to the CITY Administrator not less than two (2) weeks in advance of the date for which such leave is desired, except in the event of an emergency, stating the reasons for the leave and the time requested. The maximum amount of unpaid leave shall be six (6) months. An employee shall not be entitled to any Holidays payments for any Holiday that occurs during the leave of absence. Leaves may be granted or denied at the discretion of the Mayor and Council in their absolute discretion.
Employees may not be gainfully employed during the period of such leave. Falsification of the reason for leave or failure to return promptly at the expiration of a leave shall be grounds for discipline, up to and including discharge. Leaves shall be granted or denied in writing.
2. Employees returning from authorized Leaves of Absence as defined above will, insofar as possible as determined by the CITY, be restored to their original classification ,or equivalent at the then appropriate rate of pay with no loss of seniority or any other employee rights, privileges or benefits. In the event an employee who returns from an authorized leave of absence does not return to his/her original classification, in no event shall his/her rate of pay be less than his/her rate of pay when he/she left on the leave of absence.
B. MILITARY LEAVE.
1. Leave shall be granted to employees to fulfill the special military requirements of regular annual active duty (summer camp) for training with any reserve unit of the Army, Navy, Marine Corps, Coast Guard, National Guard or Air Force. Voluntary training will not be compensated.
2. The existing Federal and State statutes with regard to leave for military service in their present state or as they may be amended will be observed by the parties hereto. The benefits under these applicable statutes shall be provided for any employee in this bargaining unit.
C. FAMILY LEAVE ACT.
Eligible employees shall be granted leaves of absence under the Federal Family and Medical Leave Act and/or New Jersey Family Leave Act, as applicable. Employees should consult the City of North Wildwood Personnel Policy Manual to determine their eligibility for family leave. Any applicable leave time requested by any employee covered by this contract may be charged against Federal Family and Medical Leave Act and/or New Jersey Family Leave Act leave entitlements to the extent either or both of those statutes are applicable to the reason for which the leave of absence is granted.
D. RETURN FROM LEAVE OF ABSENCE.
An employee who has exhausted all accrued leave time such as vacation, sick leave and compensatory time and who is not on an approved Leave of Absence shall be subject to disciplinary action, including possible discharge from employment. An employee who has been granted an approved Leave of Absence and who fails to return to duty upon the expiration of the approved Leave of Absence shall likewise be subject to disciplinary action, including possible discharge from employment.ARTICLE XVII
LONGEVITY
1. Employees employed as of the date on which salary increases have been paid under this Agreement shall receive longevity compensation which shall be computed at the rate of two (2) percent of the employee’s current pay for every four (4) years of continuous unbroken service with a maximum limit of ten (10) percent at twenty (20) years.
YEARS OF SERVICE PERCENT OF ANNUAL SALARY
4 to 8 years 2%
8 to 12 years 4%
12 to 16 years 6%
16 to 20 years 8%
20 years 10%
Effective January 1, 2001, longevity is to be computed only on an employee’s base salary and shall be added to base pay. Prior to January 1, 2001, longevity will be paid in a lump sum and not added to an employee’s base salary. Longevity payments will be computed only on base salaries and will not reflect any overtime work by any employee.
2. All new Hire employees employed after September 18, 2000 shall not receive Longevity compensation.ARTICLE XVIII
WAGES 1. The City agrees that the Wage Rates for employees under this Agreement shall be increased during the term of this Agreement as follows:
January 1, 2005 3.75%
January 1, 2006 3.50%
January 1, 2007 3.75%
January 1, 2008 3.50%
January 1, 2009 3.50% 2. The annual wages paid to employees are based upon a 2080 hour work year.
3. Salaries for new employees who are hired after the signing of this Agreement shall be
established by the City and shall be within the Minimum and Maximum of the Public Works
Salary Ranges as set forth at Article XXVIII of this Agreement.
4. The wage increase for 2005 shall be retroactive to January 1, 2005. In order to be
eligible for retroactive pay under this Agreement, an employee must be on the payroll at the time
of the execution of this Agreement.
5. In addition to the salary increases provided in paragraph 1 above, All current
employees at the time of the signing of this agreement will receive a Seven Hundred and Fifty
Dollar ($750.00) increase in their base pay. All employees with a Class A CDL Licence willreceive an additional Five Hundred Dollars ($500.00) in their base pay. All employees with a
Class B CDL Licence will receive an additional Two Hundred and Fifty Dollars ($250.00) in their base pay. Each employee will only be paid for the highest license held.ARTICLE XIX
UNIFORM ALLOWANCE
The City shall provide the following annual allowances for maintenance and replacement of
eligible items listed below:
2005 $500
2006 $500
2007 $525
2008 $525
2009 $550
Eligible Items:
One (1) pair of steel-toe shoes
Summer shirt and trousers
Winter shirt and trousers
Summer and Winter Jackets
Summer hats
Winter hats The list of eligible items may be expanded at the discretion of the Public Works
Superintendent.
The City will pay for work related damage to employee's eye glasses.
The City shall provide a soft-sided container for personal safety equipment. The list of the equipment will be promulgated by the Supt. of Public Works. The employees shall be responsible to maintain the bag on their person at all times during working hours or when called in to work.ARTICLE XX
PROMOTIONS AND PROMOTIONAL PAY Subject to the approval of City Council or their designee, an employee, when he is promoted so as to assume additional responsibilities or duties, from one class title to another having a higher salary range, then his/her salary shall be increased to the minimum of the new range or by five (5) percent of his/her current base salary, which ever is higher.
The City Council or their designee shall determine what is a promotion and whether the employee is entitled to the Promotional Pay provided for above. All job classification determinations shall be done in accordance with the Department of Personnel’s rules and regulations. The Council shall base the determination upon the increased responsibilities and complexities of the additional duties. Neither an increase in the volume of the same type of work now being performed or length of service in a classification will be considered as a basis for promotion. Furthermore, a change in job classification, per se, is not necessarily a promotion.
Any employee who performs work in a higher paid title, which is outside of his or her personnel department description, shall be paid at the starting rate of the higher classification or given five (5%) percent of the employee’s base daily wage, whichever is higher. This is for each day worked.
ARTICLE XXI
LOYALTY, EFFICIENCY, NO DISCRIMINATION Employees of the City agree that they will perform loyal and efficient work and service; that they will use their influence and best endeavors to protect the property of the City and its interests; that they will cooperate with the City in promoting and advancing the welfare and prosperity of same at all times.
The provisions of this Agreement shall be applied equally to all employees without discrimination as to age, sex, sexual orientation, gender preference, marital status, race, color, creed, national origin, political affiliation. Both the City and the Union shall bear the responsibility for complying with this provision of this Agreement.
All references to employees in this Agreement designate both sexes, and wherever the male gender is used, it shall be construed to include male and female employees.
The City agrees not to interfere with the rights of the employees to become members of the Union. There shall be no discrimination, interference, restraint or coercion by the City or any City Representative against any employee activity permissible under the New Jersey Employer-Employee Relations Act of 1986 as amended or this Agreement.
The Union recognizes its responsibility as a Bargaining Agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint or coercion.ARTICLE XXII
DRUG/ALCOHOL-FREE WORKPLACE AND ALCOHOL TESTING A drug-free and alcohol free workplace, free from use of non-medically prescribed controlled substances, is vital to the City, to the safety of our work place, to the productivity of our employees, and to the interests of the general public, as is an environment free of employees under the influence of alcohol.
The use, possession, sale or distribution of non-medically prescribed controlled substances or alcoholic beverages on City premises (including parking lots and recreation areas or in any City work environment) is prohibited. "Work environment" includes situations where an employee is representing the City whether on a citizen related call or participating in a business meeting off-premises. A violation of this provision of this drug and alcohol policy is not considered a medical issue and may result in dismissal from the City. This policy also prohibits employees affected by any non-medically prescribed controlled substances or under the influence of alcohol from City premises or other work environments. Consideration is given to the safety of any employee asked to leave our premises due to an impairment (e.g. ability to drive, etc.).
The City reviews employees off-the-job drug-related or alcohol-related incidents such as arrests for use, possession, sale or distribution of drugs to make a determination if the incident could result in an adverse or potentially adverse impact to the City and/or to our employees. The results of the review will determine the appropriate course of action for the City to take including dismissal, rehabilitation or other actions.
In appropriate circumstances, the City may require employees suspected of being under the influence of drugs and/or alcohol to submit to drug and/or alcohol testing. Drug and/or alcohol testing will only be required and administered in accordance with the provisions of Federal and State law. The City Administrator will consult with the Union Shop Steward prior to the City requiring an employee to submit to drug and/or alcohol testing unless emergency circumstances exist which do not permit adequate time for such consultation. Further, the City shall have the right to require all employees to be subject to random drug testing as required for employees with a Commercial Drivers License (CDL). Employees suspected of being under the influence of alcohol shall be subject to testing under the same standards as are applied to CDL testing of employees, including standards established for determining whether an individual is under the influence of alcohol.
In the event an employee tests positive for use of illegal drugs or for being under the influence of alcohol, that employee will be referred to the City’s Employee Assistance Program for counseling and/or treatment, as appropriate. Upon a second positive test result for the use of illegal drugs or being under the influence of alcohol, the employee will be terminated.ARTICLE XXIII
SEVERABILITY In the event that any provision of this Agreement between the parties shall be held by operation of law and/or by a court or administrative agency of competent and final jurisdiction to be invalid or unenforceable, the remainder of the provisions of such Agreement shall not be affected thereby but shall be continued in full force and effect.
Any specific or general provision of this Agreement notwithstanding, wherever a provision of this contract is determined to be in conflict with the Department of Personnel of the State of New Jersey, or with rules, regulations or procedures thereunder, the Department of Personnel’s regulations, rules and procedures shall be controlling.
This Agreement shall not be modified in whole or in part by the parties, except by an instrument in writing duly executed by both parties.
ARTICLE XXIV
FULLY BARGAINED PROVISIONS The parties acknowledge that this Agreement represents and incorporates the complete and final understanding and settlement of the parties on all bargainable issues which were or could have been subject to negotiations, and that all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement, as established by the city’s administrative procedures, practice or past practice shall be interpreted or applied so as to enlarge or otherwise conflict with the express terms of this Agreement.
During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
This document constitutes the sole and complete agreement between the parties and embodies all of the terms and conditions governing the employment of employees in the Union.
The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject, without prejudice, which is (or may be) subject to collective bargaining.
The parties agree to enter into collective bargaining negotiations over a successor Agreement in accordance with Chapter 303, Public Laws 1974, in a good faith effort to reach agreement on all matters concerning the terms and conditions of employment. Such negotiations shall begin not later than December 15th of the calendar year during which this Agreement expires. Any agreement negotiated shall be reduced to writing, and be submitted for ratification by the Union and approved by the City. If ratified and approved, it shall be signed by the parties.
ARTICLE XXV
MISCELLANEOUS Bulletin Boards:
The City agrees to furnish a bulletin board to be used exclusively by the Association for the posting of notices relating to the Association Meeting and official business only.
The Association agrees to limit its posting of notices and bulletins to such bulletin board.
All bulletins or notices shall be signed by a local association officer or his/her designee.
Extra Contract Agreement:
The City agrees not to enter into any other agreements or contract with bargaining unit members who are covered hereunder, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.
Lay-offs:
The City may layoff an employee for purposes of efficiency or economy or other valid reasons requiring a deduction in the number of employees in a given class. When a layoff is imminent, the City will notify the association and all applicable Department of Personnel rules will be followed.
Probationary Period:
New employees shall serve a probation period of three (3) months. During this probationary period, they shall be paid as qualified first year employees. For the purpose of seniority and longevity, the original date of hire should be used.
Transfers:
Transfers can be made from one position to another in the same job title in another organizational unit. Transfers will be made with the approval of the Department Head involved and the Mayor or his/her designee.
Voting:
The employer agrees to permit any voting for the purpose of ratification of this Agreement, and any successor Agreement hereto during normal working hours at such times as may least interfere with normal work operations.
Outside Employment:
Employees shall be entitled to engage in outside employment during off-duty hours provided that such employment does not conflict with his/her employment responsibilities as an employee of the City of North Wildwood.
Discipline:
All disciplinary action, including suspension, taken against any employee shall be done in accordance with the Department of Personnel’s rules and regulations. In cases where the Department Head deems the suspension of an employee to be an immediate necessity for the safety of the public or the welfare of the City, he shall submit a report explaining such action to the governing body and the Union. A copy of said report shall be given immediately to the employee.ARTICLE XXVI
FAIR LABOR STANDARDS ACT It is acknowledged that commencing on April 15, 1986 the City may be required to comply with the provisions of the Fair Labor Standards Act and the regulations promulgated thereunder as they relate to employees covered by this Agreement. The City reserves the right to take appropriate action to insure such compliance, including but not limited to:
1. The exercising of any election or option available to it under the Fair Labor Standards Act or Regulations;
2. The awarding of compensatory time in lieu of monetary compensation for overtime;
3. Establishing procedures to monitor and control hours worked and overtime;
4. The crediting of any overtime payments made pursuant to this Agreement against any overtime obligation incurred under FLSA;
5. Establishing such rules and regulations as may be necessary to insure compliance with the provisions of FLSA.ARTICLE XXVII
DEFINITIONS The following words and terms, when used in this Agreement, shall have the following meaning, unless the contents clearly indicate otherwise:
PERMANENT EMPLOYEE:
An employee who has acquired Department of Personnel permanent status in his/her position after the satisfactory completion of a working test period.
PERMANENT STATUS:
The attainment of tenure and rights resulting from the regular appointment and successful completion of the working test period.
WORKING TEST PERIOD OR
PROBATIONARY PERIOD:
A part of the testing process which consists of a trial working period after regular appointment during which time the work performance and conduct of the appointee is evaluated to determine if he/she merit permanent status.
PROVISIONAL APPOINTMENT:
Means the appointment to a permanent position pending the regular appointment of an eligible person from a special re-employment, regular re-employment, or employed list.
TEMPORARY APPOINTMENT:
Employment during a period of emergency or in a temporary position.
GRANT EMPLOYEES:
Any person or persons who are employed by the City of North Wildwood to fill positions funded wholly or in part by the State of New Jersey, United States Government, or any other recognized grant funding source. Wages and benefits to be provided to grant employees shall be determined by the terms and conditions of the grant.
SEASONAL EMPLOYEES:
Any person employed for under six (6) months whose position is made necessary by the population increase associated with the city's status as a resort community and associated service demands. Seasonal employees may serve any time between May 1st and October 1st.
PUBLIC WORKS SALARY RANGES XXVII
SEWER INSPECTOR $25,000.00 $45,000.00
SEWER REPAIRER $20,000.00 $40,000.00
TRAFFIC MAINT. $25,000.00 $45,000.00
WORKER/ELECTRICIAN
TRAFFIC MAINT. $20,000.00 $40,000.00
WORKER
ELECTRICIAN $30,000.00 $50,000.00
SENIOR ELECTRICIAN $35,000.00 $55,000.00
TIME-KEEPER $20,000.00 $40,000.00
HEAVY EQUIP OPERATOR $35,000.00 $55,000.00
EQUIPMENT OPERATOR $28,000.00 $48,000.00
PUBLIC WORKS REPAIRER $20,000.00 $40,000.00
TRUCK DRIVER $20,000.00 $40,000.00
POWER BROOM $20,000.00 $40,000.00
OPERATOR
CARPENTER (1st YEAR) $25,000.00 $45,000.00
CARPENTER (AFTER 1st YEAR) $25,000.00 $45,000.00
MECHANIC
DIESEL/WELDER $25,000.00 $45,000.00
MECHANIC $22,000.00 $42,000.00
LABORER $20,000.00 $40,000.00
ARTICLE XXIX
DURATION OF CONTRACT This Agreement shall be in full force and effective as of January 1, 2005 and shall remain in effect to and including December 31, 2009 without any re-opening date. This Agreement shall continue in full force and effective from year to year thereafter, unless one party or the other gives notice, in writing, no sooner than one hundred and fifty (150) days, or no later than ninety (90) days prior to the expiration date of this agreement of a desire to change, modify or terminate this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto caused these present to be properly signed and the proper seals to be affixed hereto in the City of North Wildwood, New Jersey, on this _____ day of _________________________, 2005.
FOR THE UNION COMMUNICATIONS FOR THE CITY OF NORTH WILDWOOD
WORKERS OF AMERICA: NEW JERSEY
_________________________________ ___________________________________
Carla A. Katz, President Mayor Aldo A. Palombo
_________________________________ ___________________________________
Ruth L. Barrett, CWA Staff Representative Raymond Townsend, City Adm.
_________________________________ _________________________________
John Lazzarotti, Assistant to the President Janet Harkins, City Clerk
_________________________________
Anthony C. Tallarico, Staff Representative
_________________________________
John "Jack" Gallagher, Bargaining Steward
_________________________________
Carl Delinski, Bargaining Steward |