Contract Between
New Providence Boro-Union
- and -
PBA Loc 132
* * *
01/01/2007 thru 12/31/2010


CategoryMunicipal
UnitPolice Officers

Contract Text Below
AGREEMENT

Between

BOROUGH OF NEW PROVIDENCE
and

NEW PROVIDENCE P.B.A. LOCAL NUMBER 132

(Patrolmen)


January 1, 2007

through

December 31, 2010





Prepared by:


New Providence PBA Local 132 Contract Committee
Borough of New Providence Contract Committee













TABLE OF CONTENTS

INTRODUCTION. . . . . . . . . . 3

ARTICLE I: RECOGNITION. . . . . . . 4
ARTICLE II: MANAGEMENT RIGHTS. . . . . 5

ARTICLE III: GRIEVANCE PROCEDURE. . . . . 7

ARTICLE IV: SALARIES . . . . . . . . 11

ARTICLE V: LONGEVITY. . . . . . . 12

ARTICLE VI: WORK SCHEDULE, HOURS OF WORK,
COURT TIME AND OVERTIME . . . . 13

ARTICLE VII: SICK LEAVE . . . . . . . 19

ARTICLE VIII: TERMINAL LEAVE . . . . . . 22

ARTICLE IX: DISCRIMINATION OR COERCION . . . 23

ARTICLE X: SEPARABILITY AND SAVINGS . . . . 24

ARTICLE XI: OUTSIDE EMPLOYMENT . . . . . 25

ARTICLE XII: PERSONAL LEAVE TIME . . . . . 26

ARTICLE XIII: INSURANCE . . . . . . . 27

ARTICLE XIV: NO STRIKE PLEDGE . . . . . 29

ARTICLE XV: DISCIPLINARY ACTION . . . . . 30

ARTICLE XVI: RETENTION OF BENEFITS . . . . 31

ARTICLE XVII: POLICE EQUIPMENT . . . . . 32

ARTICLE XVIII: FULLY BARGAINED PROVISIONS . . . 33

ARTICLE XIX: VACATIONS . . . . . . . 34

ARTICLE XX: PROVISIONS FOR REPRESENTATION FEE IN LIEU
ARTICLE XXI: MARTIN LUTHER KING, JR., HOLIDAY. . . 37

ARTICLE XXII: EDUCATIONAL ASSISTANCE . . . . 38

ARTICLE XXIII: SENIORITY . . . . . . . 39

ARTICLE XXIV: ADVANCEMENT . . . . . . 40

ARTICLE XXV: DURATION . . . . . . . 41



THIS AGREEMENT, made this 18th day of December, 2006 between:

BOROUGH OF NEW PROVIDENCE, in the County of Union, a Municipal

Corporation of the State of New Jersey, with offices at 360 Elkwood Avenue, New

Providence, New Jersey, hereinafter referred to as “Borough” or “Employer”, and:

NEW JERSEY STATE POLICEMAN’S BENEVOLENT ASSOCIATION, New

Providence Local Number 132, hereinafter referred to as “P.B.A”;
WITNESSETH:

WHEREAS, the parties have carried on collective bargaining for the purpose of

developing a contract covering wages and certain other conditions of employment;

NOW, THEREFORE, in consideration of the premises and mutual agreements

herein contained , the parties hereto agree with each other in respect to the employees

of the Employer, recognized as being represented by the P.B.A as follows:



















ARTICLE I: RECOGNITION

The employer hereby recognizes the aforementioned P.B.A. as the exclusive

representative for all Patrolmen in its Police Department in New Providence, New

Jersey, but excluding probationary employees, Sergeants, Lieutenants, Captains, the Deputy Chief and the Chief of Police and all other employees.




































ARTICLE II: MANAGEMAENT RIGHTS
    The Borough, except as modified by this Agreement, retains and reserves all powers, rights, authorities, duties and responsibilities conferred upon and vested in it by the Laws and Constitutions of the State of New Jersey and of the United States, including, without limiting the generality of the foregoing, the following rights:
              1. To the executive management and administrative control of
                the Borough government and its properties and of the facilities and of the activities of its employees.
            2. 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 suspend, demote, discharge or take other disciplinary
    action for good and just cause, according to law.
    B. The exercise of the foregoing powers, rights, authority, duties and
        responsibilities of the Borough, the adoption of policies, rules, regulations
        and practices in furtherance thereof and the use of judgement and discretion
        in connection with the implementation thereof shall be limited only by the
        specific and express terms of this Agreement and then only to the extent
        such specific and express terms hereof are in conformance with the
    Constitutions and Laws of New Jersey and of the United States.


    Nothing contained in this Article shall be construed to deny or restrict the Borough of its powers, rights, authorities, duties and responsibilities under R.S. 40 or any other national, state, county, or local laws ordinances.











































    ARTICLE III: GRIEVANCE PROCEDURE

    Section 1:
        To provide for the expeditious and mutually satisfactory settlement of grievances, it is understood by the parties that this procedure shall be the sole method for the resolution of complaints of members of the P.B.A.. The procedure shall be as follows:
            Step 1. An officer with a grievance shall first discuss it orally with his
            supervising Sergeant or other immediate superior, either directly or through the P.B.A’s designated representative, for the purpose of resolving the matter informally.
            Step 2. If the aggrieved party is not satisfied with the disposition of his
            grievance at Step 1, or if no decision has been rendered within seven (7) working days after the presentation of the grievance at Step 1, he may file a written grievance with his supervising Sergeant or other immediate supervisor within three (3) working days after disposition at Step 1. A meeting on the written grievance shall be held within five (5) working days of the filing of the written grievance between the supervising Sergeant the aggrieved party , and the P.B.A’s designated representative. A decision thereon shall be rendered in writing by the supervising Sergeant within five (5) working days after the holding of such meeting.
          Step 3. If the aggrieved party is not satisfied with the disposition of his
            grievance at Step 2, or if no written decision has been rendered within five (5) working days after the presentation of that grievance at Step 2, the matter may be referred by the P.B.A or the aggrieved party by a submission, in writing, to the Chief of Police within five (5) working days of its disposition at Step 2. The written submission shall incorporate all documentation relating to the grievance introduced at Steps 1 and 2. A meeting on the grievance shall be held between the grievant and the Chief of Police within seven (7) working days of the referral of the written grievance to the Chief of Police, at which a representative of the P.B.A must be present. Said meeting shall not be public unless the parties so agree in writing. The Chief of Police shall render a final written decision within seven (7) working days of the date of the meeting.
        Step 4. If the aggrieved party is not satisfied with the disposition of this
            grievance at Step 3, or if no written decision has been rendered within seven (7) working days after the presentation of the grievance at Step 3, the matter may be referred by the P.B.A., by its designated representative, to the Mayor and Council, or their designated representatives within five (5) working days of its disposition at Step 3. Such referral shall be in writing and shall incorporate all documentation pertaining to the grievance introduced at Steps 1, 2, and 3. The written submission shall be made to the Borough Clerk. A meeting on the grievance shall be held between the P.B.A. and the Mayor and Council, or their designated representatives, within fifteen (15) days of submission of the grievance to the Borough Clerk, at which meeting the parties may be represented. Said meeting shall not be public unless the parties so agree in writing. The Mayor and Council shall render a written decision within fifteen (15) days of the date of the meeting.
    Step 5. - Arbitration.

    (a) If the Grievance is not settled through Step 4 and the grievance
            alleges a violation of this Agreement, either party may refer the matter to the New Jersey Public Employment Relations Commission for appointment of an arbitrator within fourteen (14) days after the determination by the Mayor and Council. Grievances filed on or before December 31, 2003 are subject to advisory arbitration whereas grievances filed on or after January 1, 2004 are subject to binding arbitration. An arbitrator shall be selected pursuant to the Rules of the New Jersey Public Employment Relations Commission.
            (b) However, no arbitration hearing shall be scheduled sooner than thirty (30) days after the final decision of the Mayor and Council. In the event the aggrieved elects to pursue his appellate rights in accordance with N.J.S.A. 40A:14-150, the arbitration hearing shall be canceled and the matter withdrawn from arbitration.
            (c) The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter, in any way, the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding upon the parties, effective as of January 1, 2004, on a prospective basis only.
            (d) The costs for services of the arbitrator shall be borne
            equally by the Borough and the Association. Any other expenses, including, but not limited to, the presentation of witnesses, shall be paid by the party incurring same.
    Section 2.
        The time limits specified in the grievance procedure shall be construed as maximum. However, these may be extended upon mutual agreement between the parties. “Working Days” shall be defined with respect to the schedule of the party called upon to act.
    Section 3.
        A grievance must be presented at Step 1, one week from the date of occurrence of the facts which gave rise to the grievance. If it is not presented within the aforementioned time period, it shall not be thereafter considered a grievance under this Agreement.
    Section 4.
        Any employee may be represented at all stages of the grievance procedure by himself or, at his option, by a representative selected by him or approved by the P.B.A. . When any employee is not represented by the P.B.A , the P.B.A. shall have the right to have a representative present and state its views at all stages of the grievance procedure.





    ARTICLE IV: SALARIES
    Salaries shall be adjusted in accordance with the salary guide which is
        attached hereto as Schedule A. The salary guide reflects the adjustments of increments, steps and other adjustments as agreed by the parties. The percentage wage increase for all employees covered by this Agreement will be as follows:
    Effective January 1, 2007 4.25%
    Effective January 1, 2008 4.0%
    Effective January 1, 2009 4.0%
    Effective January 1, 2010 4.5%
      B. Corporals shall receive an annual additional salary of $2,000.00 for
      performing shift supervisor duties, which shall be included with and be a part
      of the base rate of compensation for all purposes.
      C. Members of the Community Service Bureau shall receive an annual additional salary of $2,000.00 for performing such duties which shall be included with and be a part of the base rate of compensation for all purposes.








        ARTICLE V: LONGEVITY
      Section 1.
          Only those officers covered by the Agreement who were hired prior to January, 1998 shall be entitled to and paid longevity payments and adjustments as follows:
          Upon completion of four (4) years of service and thereafter…….2% of base pay.
          Upon completion of eight (8) years of service and thereafter.….4% of base pay Upon completion of twelve (12) years of service and thereafter...6% of base pay Upon completion of sixteen (16) years of service and thereafter...8% of base pay
          Upon completion of twenty (20) years of service and thereafter..10% of base pay
      Section 2.
          Notwithstanding the provisions of the foregoing Section1, no employee shall be entitled to receive longevity payment in excess of $2,400.00.
      Section 3.
          Effective with the anniversary date occurring during each calendar year, any employee whose eligibility date is prior to July 1 shall receive longevity from January 1 of that year. Those whose anniversary dates fall on or after July 1 shall receive longevity pay form July 1 of that year.





      ARTICLE VI: WORK SCHEDULE, HOURS OF WORK, COURT TIME
      AND OVERTIME
      A. Patrol Division employees shall work four (4) consecutive days on
          duty, twelve (12) hours each in duration, followed by four (4) consecutive days off duty. All other employees shall work schedules of times and duration in accordance with pre-existing practices.
      B. It is expressly agreed that the 4 - 4 work schedule for Patrol Division employees set forth in Paragraph A above may be retracted by the Borough and be replaced by the work schedule that was in effect immediately prior to its implementation, should the Borough determine that the manpower needs of the Police Department, by reason of lay off or attrition only, fall below the levels necessary to operate the 4 - 4 schedule. If the Borough intends to retract and replace the
      4 - 4 schedule as aforesaid, it shall provide the P.B.A. with sixty (60) days notice of such intent together with written reasons for the intended action. If the P.B.A. has any concerns or doubts regarding the Borough’s contentions concerning its ability to maintain the current schedule, nothing stated herein shall be deemed to constitute a waiver by the P.B.A. of its rights to utilize whatever legal means it would otherwise have pursuant to law to raise its concerns or doubts.
      C. Any police officer who is required to appear before any Court, Grand Jury, Administrative Tribunal, Civil Court, on behalf of the Borough, County of Union, or State, for purposes of being available to give testimony regarding matters in connection with and growing out of job connected duties, will be paid at the rate of time and one-half when such appearances are required on the employee’s normally scheduled off-duty time.
      D. Such payment shall be reduced by the amount of any payment the
          employee receives from or on behalf of the party requiring the employee’s appearance and testimony in Civil Court appearance matters. The employee shall indicate the amount of any payment received from the party requiring his testimony on his voucher requesting a Civil Court payment from the Borough. A copy of the subpoena received by the employee shall also be attached to the voucher.
      Except for Community Service Bureau Investigators, any employee:
            Who is required to work beyond his normal scheduled quitting time, or;
            Who is required to work on his normally scheduled day off, or;
            Who is required to report to work after completion of his regular
            shift and prior to the start of his next regularly scheduled shift,
              shall be paid at the rate of time a one-half for all hours worked that are not included in the employee’s normally scheduled shifts. Payment at the rate of time and one-half shall not apply to any such hours voluntarily worked by the employee for the benefit of another employee or for their mutual benefit.
      Community Service Bureau Investigators shall be paid overtime as follows:
            Any Community Service Bureau Investigator called into work to perform
              non-detective or non-juvenile duties shall be compensated at the rate of time and one-half (1) his regular hourly rate of pay. Said compensation may be in either compensatory time off or in money at the individual officer’s discretion.
            Any Community Service Bureau Investigator required to appear in Court,
              before a Grand Jury, called into work early or held beyond his regular shift shall be compensated at the rate of time and one-half (1) his regular hourly rate of pay. Said compensation shall be at the discretion of the officer to be paid in either compensatory time or money. In either instance, the officer shall follow the procedures established by department policy for documenting the accrual of this time.
      Any employee who is ordered into work, including all Court and Grand Jury appearances, during the employee’s regularly scheduled day or time off, shall receive a minimum of two (2) hours call-in pay or the actual hours spent, whichever is greater, regardless of the actual time spent. Said call-in shall not apply to time which may run contiguous with either commencement or conclusion of the employee’s regular work shift. Said pay shall be in accordance with the overtime provisions as set forth hereinabove. The employee shall be free to leave once the specific purpose for which the recall took place is completed.
      H. Due to the number of hours worked on the 4 - 4 work schedule, each patrol officer shall receive an additional one hundred and forty four (144) hours of compensatory time off per year. This shall be called schedule adjustment compensatory time and shall be administered in the same manner as all other compensatory time off. Said time shall be accrued at the rate of twelve (12) hours per month, commencing in January and running through December of each year. Each employee working the 4 - 4 schedule shall receive the twelve (12) hours per month on the first day of each respective month.

          Beginning on January 1, 2008, officers shall be given the option of being paid for their schedule adjustment time. On October 1 of the preceding year, the officer shall provide written documentation to the Borough as to his/her intention to exercise this option. In the event of changes made to the patrol squads after October 1 for the next year, Officers shall still be entitled to the option of being paid for their schedule adjustment compensatory time. Through this documentation, the officer will indicate whether he/she intends to be compensated in money, at his/her base pay rate. If exercised, this option shall be payable in two payments on January 15 and July 15 at the officer’s current base pay rate in effect on January 1 and July 1. The following options will be afforded to the officer:
                  The officer shall be paid for 144 hours as prescribed above.
                  The officer shall be paid for 72 hours as prescribed above and accrue 72 hours in 6 hour monthly increments.
                  The officer shall keep the 144 hours and it be dispensed as stated in this section.
          Any employee who is required to perform the duties of a Corporal or Sergeant for more than fifteen (15) accumulative days in any calendar year (a “day” is defined as eight (8) hours), shall be compensated at the Sergeant’s base rate of pay for all time worked in such capacity beyond the fifteen (15) days in that calendar year.
          Any Patrol Corporal that performs the duties of Sergeant, due to the scheduled absence of the Sergeant, shall be compensated based on the following schedule:
                  At the conclusion of any quarter ending March 31, June 30, September 30 and December 31, the Corporal shall be compensated $500.00, for the respective quarter, when he/she has successfully worked each day the Sergeant was scheduled to be off during that quarter, or,
                  If the Corporal is absent, two or less times during the quarter ending March 31, June 30, September 30, and December 31, at the same time the Sergeant was scheduled to be off he/she will be compensated $250.00. If the Corporal is absent three or more days, at the same time the Sergeant was scheduled to be off in that quarter, he/she will not be compensated.
                  Nothing in this provision shall be interpreted to include sick time usage or duty related injuries when calculating the attendance record of the Corporal for the basis of this compensation.
                  Payments for this provision shall be made on the 15th of the month that follows the end of the respective quarter, and shall be documented on a voucher provided by the Borough.
                  This provision shall take effect beginning January 1, 2007. The provision shall be re-evaluated at the conclusion of each contract year and may be retracted by the PBA or the Borough at any point thereafter upon 30 days written notice to the other party.
      J. Administration of Compensatory Time and FLSA Time
            1. “Banked” accumulated time shall be limited to 440 hours. All additional time earned shall be utilized as time off in accordance with this Agreement during the year in which earned.
            2. Upon retirement, all accumulated time shall be utilized as time off in terminal leave.
      3. Up to 22 hours of compensatory time shall be utilized each year as training time. The scheduling and utilization of such time shall be reasonably established by the Chief in blocks of not less than 4 hours each. However, the Chief shall make a reasonable effort to schedule such time in blocks of 6 or 8 hours each. Officers attending required or mandated training on their scheduled days off shall be paid in compensatory time at the rate of time and one-half for all hours of training in excess of the 22 hours provided for in this section.
      4. Officers attending approved elective training on their days off shall be paid in compensatory time at the rate of straight time with a maximum of 32 hours per year. Elective training shall not include attendance at undergraduate or graduate courses given by a college or university.
      K. Officers attending approved elective training on their days off shall be paid in
      compensatory time at the rate of straight time with a maximum of 32 hours per
      year. Elective training shall not include attendance at undergraduate or graduate
      courses given by a college or university.




      ARTICLE VII: SICK LEAVE
      A. Service Credit for Sick Leave
      1. All employees shall be entitled to sick leave with pay based on their
          aggregate years of service.
          Sick leave may be utilized by employees when they are unable to perform their work by reason of bona fide personal illness, accident or exposure to contagious disease.
      B. Amount of Sick Leave
      1. Sick leave with pay shall accrue to any full time employee on the basis of one (1) working day (that is, a period of eight (8) hours) per month during the first calendar year of employment after initial appointment and fifteen (15) working days in every calendar year thereafter.
      2. Any amount of sick leave allowance not used in any calendar year shall accumulate to the employee’s credit from year to year to be used if and when needed for such purposes.
      3. Effective January 1, 2003, there shall be a one-time addition to the sick leave bank in the amount of ten (10) days for those current employees who had accumulated at least one hundred forty five (145) days of unused sick leave as of January 1, 2003 and a pro-rata reduction in those ten (10) days for current employees whose accumulated sick leave days as of January 1, 2003 were less than one hundred forty five (145) days. Attached hereto has Schedule B is the distribution list of the proportioned sick leave.
        C. Reporting of Absence on Sick Leave
            1. If an employee is absent for reasons that entitle him to sick leave, his supervisor shall be notified promptly as of the employee’s usual reporting time, except in those work situations where notices must be made prior to the employees starting time. In such event, the employee shall notify the Shift Supervisor at least one-half () hour prior to the commencement of his usual starting time.
        D. Verification of Sick Leave
        1. An employee who shall be absent on sick leave for five (5) or more consecutive working days shall be required to submit acceptable medical evidence substantiating the illness.
        (a) An employee who has been absent on sick leave for periods totaling ten (10) days in one calendar year, consisting of periods of less than five (5) days, shall submit acceptable medical evidence for any additional sick leave in that year.
        (b) In addition, the appointing authority may require proof of illness of any employee on sick leave whenever such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action.
        2. In case of leave of absence due to exposure to contagious disease, a
        certificate from the Department of Health shall be required.
            The Borough may require an employee who has been absent because of
                personal illness, as a condition of his return to duty, to be examined by a physician designated by the Borough, at the Borough’s expense. Such examination shall establish whether the employee is capable of performing his normal duties and that his return will not jeopardize the health of other employees.
        Job Connected Illness or Injury
        1. Any employee who sustains job connected illness or injury, shall be
                maintained at full pay, less any weekly workman’s compensation benefits he may receive, until such time as the employee shall either return to work, apply for and/or receive pension , and/or be certified by the employer’s physician as able to return to work. There shall be no deductions made from the employee’s sick leave benefits during this period.
        2. It is understood that the employer shall have the right to require such employee to report to a physician of the employer’s choosing for examination to determine the employee’s fitness for return to duty.
        E. Exhaustion of Sick Leave
            Effective January 1, 2004 the Employer will institute a program of donated sick leave using the plan in existence for Union County as a model for this new program, except for the family portion of the policy, which is not applicable to the Borough of New Providence. A copy of the Union County Plan is annexed hereto as Schedule C.

            In accordance with Article VII, Section E, the Union County Plan has been modified and adopted by the Borough and the PBA, and is annexed hereto as Schedule C.
        ARTICLE VIII: TERMINAL LEAVE
        The parties agree to a terminal leave program which will provide a maximum benefit
        value of $12,000 in calendar year 2003, $13,000 in calendar year 2004, $14,000 in
        calendar year 2005 and $15,000 in calendar year 2006. Entitlement to the maximum
        terminal leave or any part thereof shall be based upon the number of accumulated
        unused sick days at the time of retirement. Employees with 100 or fewer accumulated
        sick leave days at the time of retirement shall be entitled to paid terminal leave based
        upon those unused sick days at the ratio of 1 for 4 days to the maximum dollar amount
        set forth above. For those employees with more than 100 accumulated and unused
        sick days at the time of retirement, the ratio shall be paid terminal leave based on 1 day
        for 3 days of unused sick leave. Employees must retire under PFRS to be eligible for
        terminal leave payment, and eligible employees will remain on the payroll until their
        terminal leave entitlement is paid. If the payout of terminal leave results in an employee
        being on the payroll in a new calendar year, there shall be no entitlement to any
        additional paid time off for items such as vacation, personal days, sick days, holidays
        and the like as a result of remaining on the payroll into a new calendar year.

        Effective January 1, 2007, the terminal leave benefit shall be increased to $16,000.00 in each of calendar year 2007 through calendar year 2009 and increased to $17,000.00 for calendar year 2010.



        ARTICLE IX: DISCRIMINATION OR COERCION
        There shall be no discrimination, interference or coercion by the employer or any of its agents against the employees represented by the P.B.A. because of membership or activity in the P.B.A. The P.B.A. or any of its agents shall not intimidate or coerce employees into membership. Neither the employer nor the P.B.A shall discriminate against any employee because of race, creed, color, age, sex or national origin.

















        ARTICLE X: SEPARABILITY & SAVINGS
        A. In the event that any federal or state legislation, government regulation or court
        decision causes invalidation of any article or section of this Agreement, all other
        articles and sections not so invalidated shall remain in full force and effect.
        Except as may be otherwise provided for within this Agreement, the failure to
          enforce any provision of this Agreement or otherwise exercise one’s rights pursuant thereto shall not be deemed as a waiver thereof.
















        ARTICLE XI: OUTSIDE EMPLOYMENT
        If any person, organization or agency desires the services of a police officer during his
        off duty hours, and the performance of such services are approved in advance by the
        appropriate Borough official, the police officer shall be paid through the Borough with
        appropriate deductions for taxes made there from, it being understood that such
        payment shall be remitted by said person, organization or agency directly to the
        Borough on behalf of the officer. It is further understood that such compensation
        received by the police officer shall not be considered as salary or wages from the
        Borough and shall not affect the police officer pension entitlement. Any police officer
        who engaged in other off duty activities for compensation which are not approved by the
        Borough as aforesaid, shall not be eligible or entitled to receive payment in this manner.












        ARTICLE XII: PERSONAL LEAVE TIME
        Each current member shall be entitled to five (5) personal leave days (that is, 5 periods of eight (8) hours) per year. Those persons hired subsequent to December 31, 1997 shall be entitled to three (3) personal leave days (that is, 3 periods of 8 hours) per year. In the event a member shall have unused personal leave days from the previous calendar year, he shall be entitled to add them to his vacation in the succeeding calendar year.
















        ARTICLE XIII: INSURANCE
        A. The Borough agrees to provide and pay for premium Blue Cross and Blue Shield, including surgical insurance, which shall include the following:
        1. Unlimited lifetime maximum benefit, a $200.00 calendar year
                deductible per person, $400.00 family maximum deductible and an 80% co-insurance benefit for the first $3,000.00 eligible expense
        incurred and 100% benefit of the excess in a given calendar year.
                The Borough agrees to provide the aforementioned insurance benefits to all eligible officers and their eligible dependants.
            A family dental plan, as originally implemented by the Borough in 1988,
                with the consent of the P.B.A. Effective in 2000, the dental insurance shall be increased to a maximum coverage of $1,000.00 per person per year and shall include orthodontics.
            For employees only, one hundred dollars ($100.00) per year towards eye
            exams, lenses, frames or contact lenses, with a receipt.
            The health insurance provided hereunder shall include provision for Pre-
                Admission Certification/Continued Stay Review and Mandatory Second Opinion.
        B. The Borough reserves the right to change insurance carriers so long
        as substantially similar benefits are provided, subject to review by the P.B.A.
        Employees hired on or after January 1, 2000 will have the option of either “point of service” or “HMO” medical benefits only.
        Employees hired before January 1, 2000 will continue to have the option of “traditional,” “point of service” or “HMO” Medical benefits. The traditional plan will continue as “unlimited lifetime” benefit.
        The Borough agrees to implement a Disability Insurance Policy for all employees which will provide (I) two-thirds income continuation benefits for up to one year; (ii) with a maximum monthly benefit of $5,000.00 and (iii) which will take effect after 120 eight-hour days of disability, and other details as outlined in the Plan. Effective as of January 1, 2004, the Disability Insurance Plan will be eliminated.
        Notwithstanding anything contained in the foregoing paragraphs to the contrary, effective January 1, 2004 all employees in the negotiating unit will have the option of health insurance coverage under the Point of Service Plan (POS) provided by the carrier or of selecting coverage under the Preferred Provider Organization (PPO) or Traditional Plans provided by the carrier on condition that employees pay the difference between the cost of the POS Plan and the PPO or Traditional Plans as may be selected. The Borough will establish a Section 125 Plan to enable employees to elect coverage under the PPO or Traditional Options to pay the premium differences with pre-tax dollars. The Borough shall also establish an opt out program with the benefit of 50% of the cost of POS coverage for employees who opt out of any health insurance coverage offered by the Borough. The parties also agree that effective January 1, 2004 the disability insurance plan shall be eliminated.
        Effective January 1, 2008 the deductible benefit outlined in Section A, Subsection 1 shall be increased to $300.00 per person and $600.00 per family. Effective January 1, 2010 the office visit co-pay shall increase to $20.00.

        ARTICLE XIV: NO-STRIKE PLEDGE
        A. The P.B.A. covenants and agrees that during the term of this Agreement
            neither the P.B.A. nor any person acting in its behalf will cause, authorize, or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence of any employee from his position or stoppage of work or abstinence, in whole or in part, from the full, faithful, and proper performance of the employee’s duties of employment), work stoppage, slowdown, sick-out, or walk-out, against the Borough. The P.B.A agrees that such action would constitute a material breach of this Agreement.
        B. In the event of a strike, slowdown, work stoppage, sick-out, or
            walk-out, it is covenanted and agreed that participation in any such activities by any employee covered under the terms of this Agreement may be deemed grounds for disciplinary action of such employee or employees. All employees who continue full performance of their duties during such strike, slowdown, work stoppage, sick out, or walk-out shall receive full pay and all benefits provided in this Agreement.
        C. The P.B.A. will actively discourage any strike, slowdown, work stoppage,
            sick-out, or walk-out and, consistent with the rights of its members, issue a statement, in writing, describing such strike, slowdown, work stoppage, sick-out, or walk-out as illegal and invalid.
        Nothing contained in this Agreement shall be construed to limit or restrict the
            Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages or both in the event of such breach by the P.B.A. or its members.
        ARTICLE XV: DISCIPLINARY ACTION
        A. Disputes involving the discipline of employees covered by this Agreement
            shall be governed by the appeal procedures set forth in applicable statutes, regulations and ordinances such as N.J.S.A. 40A:14-147 et seq..
        B. Failure to qualify with sidearms may result in disciplinary action. The
        Borough shall provide an in-service training program for firearms proficiency.
        C. Disputes involving minor disciplinary matters not governed by the appeal
            procedures referred to in paragraph A above will be subject to the grievance procedure set forth in Article III of this Agreement.














        ARTICLE XVI: RETENTION OF BENEFITS
        Except as otherwise provided herein, all rights, privileges, and benefits which the officers are presently enjoying shall be maintained and continued by the Employer during the term of this Agreement.



















        ARTICLE XVII: POLICE EQUIPMENT
        A. It shall be the responsibility of each police officer to immediately report
        any defective vehicles to his immediate supervisor.
        B. Each police officer shall utilize reasonable care and be fully responsible
        for equipment assigned to him.


















        ARTICLE XVIII: FULLY-BARGAINED PROVISIONS
        A. During the course of collective negotiations, each party has been free to
            propose and negotiate with regard to all appropriate subjects which it might have desired to place before the other for consideration. This Agreement incorporates all rights and obligations assumed by each party and granted through its terms by each to the other as a result of the negotiating process, and it is specifically recognized that since both parties hereto are desirous of stabilizing their relationship by an executed document for a specific duration, for that duration, neither side shall be obligated to enter into further negotiations regarding any matter not specifically designated by clear and express language within this Agreement.
        B. This Agreement represents and incorporates the complete and final
            understanding and settlement by the parties on all bargainable issues which were or could have been the subject of negotiations. 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 of contemplation of either or both of the parties at the time they negotiated or signed this Agreement, except as may be otherwise determined by the Public Employment Relations Commission




        ARTICLE XIX: VACATIONS
        A. Police officers shall accumulate the following vacation days (that is,
        periods of 8 hours) in accordance with the following schedule:
        1. Less than ten (10) months continuous service before July 1, one
        (1)day of paid vacation for each full month of employment prior
                to July 1.
        2. At least ten (10) months but less than five (5) years continuous
        service by July 1, two (2) weeks plus one (1) day of vacation (88 hours).
        3. At least five (5) years but less than ten (10) years continuous
        service by July 1, two (2) weeks plus two (2) days of vacation (96 hours).
        4. At least ten (10) years but less than fifteen (15) years of continuous
        service, three (3) weeks plus one (1) day of vacation (128 hours).
            5. At least fifteen (15) years but less than twenty (20) years continuous
                service by July 1, three (3) weeks plus four (4) days of vacation (152 hours).
        6. Twenty (20) years or more of continuous service, four (4) weeks plus four
        (4) days of vacation (192 hours).
        B. The vacation year, for purposes of determining eligibility and amount of
        vacation, is from July 1 to June 30.
        C. Vacations will normally be taken in full weeks, subject to a schedule
        approved by the Chief.
        D. No vacation time shall be accumulated from year to year, except where an
            employee loses his vacation time by reason of being required to work during said period. In such cases, said employee shall be granted the unused vacation time at a subsequent period, or equivalent payment or compensation shall be made upon certification of the appropriate department head and approval of the Borough Council.
        E. Seniority shall be determined within squads to which members are
        assigned, first by rank, and then by length of service within the department.
        F. Effective January 1, 2009 the following schedule shall be implemented for determining vacation amounts:
        1. Less than ten (10) months continuous service before July 1, one
        (1) day of paid vacation for each full month of employment prior
                to July 1.
        2. At least ten (10) months but less than five (5) years continuous
        service by July 1, two (2) weeks plus two (2) days of vacation (96 hours).
        3. At least five (5) years but less than ten (10) years continuous
                service by July 1, two (2) weeks plus three (3) days of vacation (104 hours).
        4. At least ten (10) years but less than fifteen (15) years of continuous
        service, three (3) weeks plus two (2) days of vacation (136 hours).
            5. At least fifteen (15) years but less than twenty (20) years continuous
                service by July 1, four weeks of vacation (160 hours).
          6. Twenty (20) years or more of continuous service, five weeks of vacation
          (200 hours).


        ARTICLE XX: PROVISIONS FOR REPRESENTATION FEE IN
        LIEU OF DUES FROM NON-MEMBERS OF THE P.B.A

        A. Any permanent employee in the bargaining unit on the effective date
            of this Agreement who does not join in the Union within thirty (30) days of initial employment within the unit and any permanent employee previously employed within the unit who does not join within ten (10) days of re-entry into employment within the unit, shall pay a Representation Fee to the Union by automatic payroll deduction. The Representation Fee shall be in an amount equal to eighty-five percent (85%) of the regular Union Membership dues, fees, and assessments as certified to the employer by the Union. The Union may revise its certification of the amount of the Representation Fee at any time to reflect changes in the regular Union membership dues, fees and assessments. The Union entitlement to the Representation Fee shall continue beyond the termination date of this Agreement so long as the Union remains the majority representative of the employees in the unit, provided that no modification is made in this provision by a successor Agreement between the Union and the Employer.
        B. The Union agrees that it will indemnify and save harmless the Borough
            against any and all actions, claims, demands, losses or expenses ( including reasonable attorney’s fees) in any matter resulting from action taken by the Borough at the request of the Union under this Article.
        C. In the event that an employee, otherwise eligible for membership in the
          bargaining unit, is, for any reason, denied, said membership by the bargaining unit, said employee shall not be subject to the payment of the Representation Fee provided for herein.
        ARTICLE XXI: MARTIN LUTHER KING, JR., HOLIDAY

        Employees shall be entitled to a holiday to celebrate the birthday of Martin Luther King, Jr., but only if such additional holiday is granted by the Borough to other Borough employees outside this bargaining unit.

















          ARTICLE XXII: EDUCATIONAL ASSISTANCE
          In the event a permanent employee desires to improve his skills through further education, the Borough will reimburse such employee in accordance with its established educational assistance policy. That policy, adopted by the Borough pursuant to Resolution 79-12, amended, is hereby incorporated by reference as if fully set forth herein.

















          ARTICLE XXIII: SENIORITY
          Seniority for police officers shall be determined by length of service in a rank and then length of service in the Department. In the event it becomes necessary to reduce the number of employees, lay-off shall be by seniority with the least senior member being first laid off. Recall from lay-off shall be in inverse order, and the Municipality shall not hire any additional employees while there are permanent members on lay-off status and eligible for recall.
          Employees’ rights for recall shall be two (2) years from date of lay-off and shall be forfeited if recall to work is refused, and/or the employee fails to advise the Municipality of his latest address to which such notification, by certified or regular mail, would be sent.












          ARTICLE XXIV: ADVANCEMENT
          A. Effective July 1, 2007, the following provision shall apply to officers that fall within the salary step guide and shall exclude probationary officers.
          B. Officers advancement to their next step in the salary guide shall be evaluated based upon the Advancement Clause agreed upon by both parties.
          C. In recognition of this article, the Borough will reduce the number of advancement steps from eight to seven, and equally distribute the monetary value of the removed step among the remaining seven steps.
          D. The Advancement Clause is attached hereto and marked as Schedule B.














          ARTICLE XXV: DURATION
          The term of this Agreement shall be from January 1, 2007 through December 31, 2010, and from year to year subject to written notice from either party to the other of the desire to change or amend this Agreement. To be effective, such written notice must be received by the other party by no later than August 30 of the last year of this Agreement (or of any renewal year). If timely written notice is given, successor negotiations shall commence no later than September 13 of the year in question. The foregoing notification and commencement dates are derived from Public Employment Relations Commission Regulation Section 19:16-2.1 and the adoption by the Public Employment Relations Commission of February 10th required budget submission date for municipalities such as the Borough. In the event of any change in the PERC statute or regulations, this Article shall be deemed to have been amended to conform to such change.



          ATTEST:




          ATTEST:












          SCHEDULE A

          Patrolman Salary Guide


          SCHEDULE B
          Advancement Guidelines

          A. Members within the Salary Guide are advanced to the next salary step on either January 1 or July 1 of the respective year. Members hired between January 1 and June 30 shall be advanced on January 1. Members hired between July 1 and December 31 shall be advanced on July 1.

          B. The following guidelines shall be utilized when an officer is to be advanced to the next step in the salary guide:
                The officer has a satisfactory evaluation from the prior year.
                The officer has no finalized official police written action against he/she in the past evaluation period. Written action shall not include verbal action that has been documented in writing.
                The officer has been recommended for advancement by his/her immediate supervisor based on the following criteria:
                    General Job Performance
                        How well does the employee perform their duties?
                    Dedication to the Borough and/or Police Department
                        Does the employee perform their duties consistent with the goals and mission of the department?
                    Training
                        Include any training that the employee has participated.
                    Attendance
                        Has the employee followed the proper procedures for use of time off?
                    Productivity
                        Is the employee initiating activity as necessary?
                        Is the employee dealing with community issues appropriately?
                    Appearance
                        Has the employee followed the uniform requirements as set forth in the SOP?
                    Relationship with Co-workers and public
                        How does the employee interact with the public?
                        How does the employee interact with members of this department?
                    Other
                        Include, if any, other pertinent details with regards to this employee
                    Final Recommendation

          C. If the member has satisfactorily met the above criteria, the member shall be advanced to the next step in the salary guide.

          D. In the event the employee has not meet one or more of the three criteria, the employee shall be referred to an Advancement Panel, which shall consist of the Chief of Police, the member’s immediate supervisor and the PBA President.

          E. This panel may confer on the member’s status and make recommendation for advancement. Failure to convene the panel prior to the advancement date will result in the employee automatically being advanced. If the member is further denied advancement, they shall be afforded the opportunity to appeal the decision by following the grievance procedure. The employee shall also be provided, in writing, the reason(s) for advancement denial by the Advancement Panel upon their recommendation. The Borough shall bear the burden of demonstrating just cause for the denial of advancement of the officer.

          F. Pending the outcome of the above process, if the member has been further denied advancement, the employee shall be allowed to re-apply, to the advancement panel, every three months from the date of their initial advancement as set forth above and advancement shall not be unreasonably withheld.

          G. Nothing in this provision shall limit any officer the ability to be advanced more than one grade at a time.





          SCHEDULE C
          DONATED LEAVE GUIDELINES
          I. Purpose
              A. The intent of this program is to permit full time, sworn, New Providence Police Department employees to donate earned sick time and/or vacation time on a voluntary basis to another full time, sworn, New Providence Police Department employee who is suffering from a catastrophic health condition or injury and/or prolonged illness or injury which compels their prolonged absence from work.
              B. An employee who is to be a recipient of donated time must first exhaust all of his/her own accumulated sick, vacation, personal and compensatory time. The employee must also produce a doctor’s certification at the onset of the illness or injury to substantiate the nature of the illness or injury, and to specify the length of time that the employee will probably be absent from work. An employee who utilizes donated leave time will be treated as a Borough employee on a leave of absence with pay and will not be subject to a diminishment of wages and benefits.
              C. The donation of sick, personal, compensatory and/or vacation time must be initiated by the employee through the Chief of Police. The request must be on the forms provided by the Borough and must be made prior to the exhaustion of all accumulated sick, vacation, personal and compensatory time. Upon approval by the Recipient/Donor Committee members, all police department employees, as described above are eligible to donate time on a voluntary basis.

          II. Eligibility
              Recipient
                  A New Providence Police Department employee shall be eligible to receive donated sick, personal, compensatory and/or vacation leave from other police department employees if the employee meets all the following criteria:
                  1. Must have completed one-year continuous service with the New Providence Police Department.
                  2. Must be suffering from a catastrophic health condition or injury and/or prolonged illness or injury that necessitates the employee’s prolonged absence from work for which the employee has no availability of paid leave.
                  Must produce acceptable medical verification from a physician or other licensed health care provider. The medical verification must indicate the nature, severity and anticipated duration of the disability resulting from the serious or prolonged health condition or injury involved.
                  4. Exhausted all accrued paid leave time including compensatory time, sick leave, personal and vacation leave.
              Donor
                  An employee to be eligible to donate leave to another employee must meet the following criteria:
                  Must donate whole days.
                  Must have at least 15 days of accrued sick leave remaining to his/her credit following any donations.
                  3. Must not have solicited nor accepted anything of value for the donation.

          III. Recipient/Donor Committee
              A. A Recipient/Donor Committee shall review every request for donated sick leave. The Recipient/Donor Committee members must approve, by majority, the eligibility of any employee before he/she can participate in the program. Decisions and approvals regarding eligibility will be made on a case-by case basis. The committee shall consist of the following personnel:
                  Chief of Police
                  Deputy Chief of Police
                  Borough Nurse
                  Two P.B.A. Members
              B. An appeals process, through the grievance procedure, shall be available to any requestor who disagrees with the committee’s decision.

          IV. Procedures
              A. Any employee may request to participate as a recipient in this program by contacting the Chief of Police. The Chief of Police will require medical documentation concerning the nature, severity and anticipated duration of the medical emergency involved. The Chief of Police shall document the request, on forms provided by the Borough, and then shall arrange for a meeting of the Recipient/Donor Committee without delay.
              B. If approved by the Recipient/Donor Committee, the Chief of Police will then post on employee bulletin boards or communicate by other appropriate means, the name(s) of eligible employee(s) who will have exhausted all earned paid leave time by a designated date. The posting will be done only with the recipients consent. If the employee is unable to consent, the employee’s family may consent on behalf of the employee. Notice shall be provided to all appropriate majority representatives.
              Full time, sworn employees may donate within the prescribed limitation only whole days of sick leave, compensatory time, vacation leave, or a combination thereof.
              The donor and the recipient (or family representative) will fill out the required forms. No one shall directly or indirectly intimidate, threaten or coerce, or attempt to intimidate or coerce any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving or using unpaid leave under this program. The above shall include promising to confer or conferring any benefit (such as appointment, promotion or compensation). An affidavit to this effect shall be signed by the donor. Any employee who engages in the above prohibited conduct shall be subject to disciplinary action.
              The donor’s leave time will be reduced by the number of days donated with regard to that donor’s respective bank.
              Any time donated to the recipient will be kept confidential and not disclosed to the recipient or any other individuals requesting this information. This provision will not include any individuals who facilitate this program.
              The eligible recipient’s leave time will be credited with the donated time indicating the donor may receive days from more than one donor. Records shall be maintained by The Borough’s Personnel Office showing the donor’s name, number and type of days donated.
              The eligible recipient may receive 180 donated days from the date the recipient (employee) exhausts all available accrued sick, vacation, personal and compensatory time.
              Nothing in this policy eliminates the ability of the officer requesting donated leave to request additional paid leave from Borough Council.
              If the employees prolonged absence extends beyond the expiration of the 180 day donated leave time, the employee may make application for an additional 80 days to a maximum 260 days donated leave time.
              Should an employee return to work, or otherwise terminate the use of leave with donated time remaining, that time will be returned to the donor(s) on a prorated basis in days. Any pro-ration that would amount to less than one day per donor will be rounded up to one day per donor.
              The recipient employee, while using donated leave, will continue to earn sick, personal, compensatory and/or vacation leave. If the earned sick leave is unused when the employee returns to work, all such earned time shall be retained by the recipient employee and credited to the employee’s accrued sick time leave.
              If the recipient retires, he/she will not be granted supplemental compensation for any unused sick days, which he/she received through the donated sick leave program.
              Once the sick and/or vacation leave has been donated, it may not be revoked by the donor.
              Donations may not be used on a retroactive basis.
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          New Providence Boro and PBA Loc 132 2007.pdf