Contract Between
Randolph Tp-Morris
- and -
IBT Loc 97
* * *
01/01/2004 thru 12/31/2006


Contract Text Below



        JANUARY 1, 2004 THROUGH DECEMBER 31, 2006


        Preamble.................................................. 4

        Article 1.
        Recognition.......................................... 5
        Article 2.
        Union Rights......................................... 6
        Article 3.
        Management Rights.................................... 7
        Article 4.
        Equal Employment Opportunity Policy.................. 9
        Article 5.
        Work Week and Overtime............................... 10
        Article 6.
        Sick Leave........................................... 15
        Article 7.
        Holidays............................................. 19
        Article 8.
        Career Development ................................. 21
        Article 9.
        Vacations............................................ 22
        Article 10.
        Health Benefits...................................... 23
        Article 11.
        Grievance Procedure.................................. 25
        Article 12.
        No-Strike Pledge..................................... 28
        Article 13.
        Discharge and Discipline............................. 29
        Article 14.
        Salaries............................................. 30
        Article 15.
        Longevity............................................ 33
        Article 16.
        Uniforms............................................. 34
        Article 17.
        Leave of Absence and Jury Duty....................... 35
        Article 18.
        Bulletin Board and Suggestion Box.................... 36
        Article 19.
        Check-Off of Dues.................................... 37
        Article 20.
        Union Stewards....................................... 39
        Article 21.
        Traveling and Meal Expense........................... 40
        Article 22.
        Use of Employees Equipment........................... 41
        Article 23.
        Seniority and Job Performance........................ 42

        Article 24.
        Maintaining Records.................................. 44
        Article 25.
        Notification of Call Out............................. 45
        Article 26.
        Separability and Savings............................. 46
        Article 27.
        Fully Bargained Provisions........................... 47
        Article 28.
        Term of Agreement.................................... 48

        Appendix A.

        Job Descriptions for Public Works, Parks/Maintenance and Building Maintenance Personnel.

        Appendix B.

        Employee Performance Evaluation for Public Works, Parks/Recreation and Building Maintenance.

        Appendix C.

        Policy regarding winter vacations


        THIS AGREEMENT entered into this 15th day of February, 2004 by

        and between the TOWNSHIP OF RANDOLPH, in the County of Morris, New

        Jersey, a Municipal Corporation of the State of New Jersey, hereinafter

        called the "Township", and TEAMSTERS' LOCAL 97 OF NEW JERSEY,


        HELPERS OF AMERICA, hereinafter called the "Union", represents the

        complete and final understanding on all the bargainable issues between

        the Township and the Union.

        ARTICLE 1.

        The Township recognizes the Union as the exclusive agent for full time employees of Public Works and Parks. The union represents all job titles listed in Article 14. Professional, clerical and supervisory employees of Public Works and Parks are excluded.

        ARTICLE 2.

        A. During Collective Negotiations, authorized Union representatives, not

        to exceed two (2) shall be excused from their work duties when

        necessary, to participate in all negotiations sessions which may be

        mutually scheduled to take place partially during their regularly

        scheduled work time, and shall suffer no loss of regular pay thereby.

        B. Each respective negotiating Committee shall be empowered with

        authority to negotiate an Agreement, subject, however, to the

        approval and ratification of same by their respective


          ARTICLE 3.


          A. The Township 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


          1. To the executive management and administrative control of the

          Township Government and its properties and facilities and 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 Township, the adoption of policies, rules,

          regulations and practices in furtherance thereof, and the use of

          judgment and discretion in connection therewith 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 Constitution and Laws of New Jersey and of the United


          C. Nothing contained herein shall be construed to deny or

          restrict the Township of its powers, rights, authority, duties

          and responsibilities under R.S. 40 and R.S. 11 or any other

          national, state, county or local laws or ordinances.

          ARTICLE 4.

          A. It is mutually agreed that there shall be no discrimination

          because of race, color, religion, sex, age, marital status,

          national origin, or physical disability unless based upon a

          bona fide job requirement. Union and Township representatives

          shall work cooperatively to assure the achievement of equal

          employment opportunities. Any employee who fails to cooperate

          to this end shall be subject to disciplinary action.

          Furthermore, employees who feel they have been discriminated

          against shall be encouraged to use the grievance provisions of

          this contract prior to seeking relief through other channels.

          ARTICLE 5.

          A. WORK HOURS

          The normal work week shall consist of five (5) consecutive days,

          Monday through Friday. The normal work day shall consist of eight

          (8) consecutive hours exclusive of a one-half hour lunch period. The

          normal starting time shall be 7:00 a.m. and the normal quitting time

          shall be 3:30 p.m. It is recognized that starting and quitting times

          must vary for certain seasonal operations including activities such

          as park and public grounds maintenance, leaf removal, and with

          respect to emergencies such as those resulting from storms (snow

          removal, flooding, debris removal), vehicular accidents, water main

          breaks, road cave-ins, and vandalism.

          For Parks employees hired after January 1, 2001 the work week shall vary

          from April 1 to December 1. Employees shall be assigned to a five (5)

          consecutive day week inclusive of Saturday and Sunday.

          B. OVERTIME

          1. Public Works Department employees shall be entitled to overtime

          pay at the rate of one and one-half times their hourly rate after

          eight hours in any work day or forty hour, in any week for days

          from Monday through Saturday. Such employees, when called out

          after regular hours shall receive a minimum of two hours at the

          rate of one and one-half times their hourly rate, except when the

          overtime work is contiguous to a normal work day. When overtime

          is contiguous to the normal work day, employee will be paid
          for the actual time worked in excess of eight hours at the rate

          of one and one-half times their hourly rate. Overtime shall be

          distributed as equally as possible among all employees.

          2. Employees called out on Sundays shall be entitled to overtime pay

          at the rate of two times their hourly rate.

          3. In determining eligibility for overtime pay, time within the

          employee's standard weekly work schedule for which he receives

          pay from the Township for approved absence shall be credited to

          time worked when computing the forty (40) hours at straight

          hourly pay required before overtime rates are paid.

          4. Compensatory time may be granted in lieu of overtime at the employee’s


          Compensation time will apply as outlined in the Employee Manual.

          Sundays and holidays will be calculated at two times the hourly rate.

          Employees shall be entitled to accrue a maximum of 60 hours of

          compensatory time per calendar year. Effective December 31, 2006 the

          total accrual of compensatory shall not exceed 120 hours at any time.

          Department Superintendent will be responsible for bookkeeping. In

          addition employees’ accumulated comp time will be posted and updated on

          a monthly basis. Compensation time will be used upon Superintendent’s

          approval and shall not be unreasonably denied.

          C. COFFEE BREAK

          During the normal 8-hour work day, a 15 minute coffee break may be

          taken in the forenoon and in the afternoon, provided, however, the

          employee shall not return to the garage for such break.

          Within the limits of work required, every attempt will be made to

          reasonably provide fifteen minute coffee breaks between 9:00 a.m. and

          10:00 a.m. in the morning and 1:30 p.m. and 2:30 p.m. in the

          afternoon. Employees shall not return to the garage for said coffee

          breaks, but one person may be permitted to travel to purchase coffee

          for all men on a crew within the limits of the work schedule as

          approved by the Superintendent of Public Works and confirmed by the

          Township Engineer, if necessary.

          D. SNOW REMOVAL

          1. When an employee is called out after regular hours for snow

          removal work, one-half hour of time will be provided after every

          four (4) hours of work or, in the event that the overtime is

          anticipated to be longer than four (4) hours one hour of time

          will be provided after every six (6) hours of work, subject to

          approval of the Superintendent of Public Works, based upon snow

          removal needs.
            When employees are required to work beyond 3:30 p.m., and in

            the opinion of the Superintendent, the overtime will be longer

            than four hours, the employee will be permitted a one-half hour

            break for meals between 5:00 p.m. and 6:00 p.m. as work permits.

            Other meal breaks will continue on a four or six hour basis after

            7:30 p.m.

            When an employee works up to the four or six hour limit and

            has not received his meal break, the Superintendent may allow the

            employee to go for his meal break and then directly home. An

            employee will be paid for the meal break.

            The one hour meal break may be taken after a minimum of five

            and one-half (5-1/2) hours work time and within a maximum of six

            and one-half (6-1/2) hours work time. All breaks are subject to

            the approval of the Superintendent of Public Works based on

            existing and anticipated work requirements.

            2. Rest Period - Whenever an employee is required to work twenty-

            four (24) consecutive hours, the employee will be entitled to

            six (6) hours excused absence, without pay before resuming work.

            3. Equipment Operator Availability - In any instance where five (5)

            trucks are required for snow and ice control, one (1) equipment

            operator shall be provided, if available, to load and mix


            E. DIVISION OF WORK

            It is the intent of the parties that Foremen or supervisory

            personnel will not generally perform work customarily provided

            by employees covered by this Agreement. However, it is

            expressly understood that this shall not apply to special or

            unusual circumstances including, but not limited to the


            1. Emergencies of any type.

            2. Initial call-outs for small scale snow or ice control

            which must be checked in advance by supervisory personnel.

            3. Activities or work projects involving regular crews of men

            where the Foreman or other supervisor is on the site to
              provide both supervision and some participation in the

              work project, and for regular snow removal operations when

              the full department is on duty.

              (1) Note:

              The time allotted for the meal break will be started when the
              employee reaches the eating establishment.

              ARTICLE 6.
                SICK LEAVE


                1. All employees shall be entitled to sick leave with pay based on

                their aggregate years of service.

                2. Sick leave may be utilized by employees when they are unable to

                perform their work by reason of personal illness, accident or

                exposure to contagious disease. Sick leave may also be utilized

                for short periods when the presence of the employee is necessary

                to care for the employee's spouse or other members of the

                immediate family due to illness or injury. For the purpose of

                this section, immediate family is defined as spouse, children, or

                stepchildren of the employee.

                3. Employees absent on sick leave shall be at home, at a medical facility,

                at a pharmacy or in transit to/from same throughout his/her normally

                assigned working hours.

                B. AMOUNT OF SICK LEAVE

                1. Sick leave with pay shall accrue to any full-time employee at a

                rate of twelve (12) days per year.

                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 purpose.


                1. If any employee is absent for reasons that entitle him to sick

                leave, his supervisor shall be notified prior to the employee's

                starting time.

                (a) Failure to so notify his supervisor may be cause of denial

                of the use of sick leave for that absence and constitute

                cause for disciplinary action.

                (b) Absence without notice for five (5) consecutive days

                shall constitute a resignation.


                1. An employee who shall be absent on sick leave for four (4)

                or more consecutive working days shall be required to submit

                acceptable medical evidence substantiating the illness. The

                Township may require proof of illness of an employee on sick

                leave, however, 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.
                  3. The Township may require an employee who has been absent

                  because of personal illness, as a condition of his return to

                  duty, to be examined at the expense of the Township by a

                  physician of the Township's choice. 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.

                    E. USE OF SICK LEAVE AND INSURANCE

                    1. In instances when an employee is absent due to job related

                    or non-job related illness or injury, he/she may apply for

                    use of sick leave on a one-to-one substitution basis for

                    days absent.

                    2. When Worker's Compensation benefits are received for work

                    related absence, the employee will be credited with

                    accumulated sick days to an equal extent that the Worker's

                    Compensation benefits reimburse the Township for sick leave

                    that has been paid.

                    F. BEREAVEMENT LEAVE

                    1. In case of death in the immediate family, an employee shall

                    be granted up to three (3) days leave.

                    2. Immediate family shall be defined as the employee's husband,

                    wife, child, stepchild, mother, father, brother, or sister,

                    father-in-law, mother-in-law, brother-in-law or

                    sister-in-law, maternal, paternal grandparents and grandchild.
                      3. Reasonable verification of the event may be required

                      by the Township.

                      4. In the event of a death in the immediate family which

                      would cause the employee to travel considerable distance or

                      would otherwise entail additional time off, a maximum of

                      five (5) days may be granted by the Superintendent at his

                      discretion in unusual or extraordinary circumstances.

                      G. Accumulated Sick Time Assignments

                      1. When an employee exhausts his sick time due to a prolonged illness and is short of the required 60 days to become eligible for disability benefits, the Township will allow any member of the bargaining unit in good standing to voluntarily donate up to 3 days of his/her own sick time to said co-worker.
                      2. The employee donating the sick time must maintain a balance of 12 days of accumulated sick leave.
                      3. The employee must notify the Township in writing of his/her desire to grant the accumulated sick time.

                      H. Worker’s Compensation/Alternative Duty Assignments
                      The Township shall comply with all state regulations governing municipal workers compensation due to job related injuries.
                      The Township shall be empowered to assign an employee to alternative duty assignments provided that the following steps are taken:
                      1. The Worker’s Compensation doctor shall certify that the employee’s condition is not compromised by said assignment.
                      2. The Township has sufficient need to assign the employee to Alternative Duty.
                      Alternative Duty Assignments shall be at the discretion of the Township. Employees on Worker’s Compensation are not guaranteed Alternative Duty Assignments.
                      Alternative Duty Assignments shall be temporary in nature.

                      ARTICLE 7.

                      A. The following thirteen (13) days shall be holidays upon which

                      the public offices of the employer shall be closed and on which

                      the employees shall not be required to work except in the case

                      of emergencies as determined by the Superintendent of Public

                      Works or the Township Manager:
                        New Year's Day Labor Day

                        Martin Luther King Day General Election Day

                        Lincoln's Birthday Veteran's Day

                        Washington's Birthday Thanksgiving Day

                        Good Friday Day after Thanksgiving Day

                        Memorial Day Christmas Day

                        Independence Day

                        B. Any employee required to work on a holiday shall be paid at an

                        hourly rate of two times said employee's regular rate of pay,

                        plus eight (8) hours holiday pay. The holiday will be

                        considered to occur from 12:00 a.m. on the actual day of the

                        holiday until 12:00 midnight that evening rather than the

                        observance day.

                        FLOATING HOLIDAYS

                        (a) Lincoln's Birthday and Election Day are designated as
                        "floating holidays" for all employees.
                        (b) Employees will have the option of taking Lincoln's
                        Birthday and Election Day as holidays or reporting for a
                        normal workday on those dates and taking another day off
                        subject to the following:
                        (1) Sufficient personnel will be available in the
                        department on Lincoln's Birthday and Election Day to adequately maintain operations on those days.
                        (2) The day taken in lieu of Lincoln's Birthday or
                        Election Day as a "floating holiday" shall be
                        subject to approval of the Superintendent of Public
                        Works and Township Engineer according to normal
                        procedures for vacation or time off from work.

                        ARTICLE 8.
                          CAREER DEVELOPMENT

                          A. The Township of Randolph encourages its employees to obtain all of the

                          education and training possible. Most programs are offered by local

                          educational institutions. The Township has adopted a policy whereby it will

                          reimburse employees up to 50% of their tuition for satisfactory

                          participation (a grade of “C” or better) in a job oriented course. This

                          benefit is subject to the availability of budgeted appropriations.

                          B. An employee may receive tuition reimbursement for course work unrelated to
                          their position. Such reimbursement shall be at the full and complete
                          discretion of the Township Manager. The Manager’s decision shall be final
                          with no appeal.

                          ARTICLE 9.

                            A. Vacations for full time employees shall be based upon the

                            following schedule:

                            During the employee’s first year of service he/she will accrue vacation time

                            at a rate of one day per month beginning the third month of service not to

                            exceed 10 vacation days for the year.

                            B. Years of Service Completed Vacation to be Received

                            After 1st year through 6th year 2 Weeks

                            January 1st after 6th year of service 3 Weeks

                            January 1st after l3th year of service 4 Weeks

                            January 1st after l8th year of service 1 Day for Each
                            Additional Year Served Over 18 Years

                            C. All vacation days must be taken during the calendar year at such

                            time as permitted by the Superintendent of Public Works and

                            Township Manager, unless it is determined that vacation may not

                            be taken due to pressure of work. In case of the latter, unused

                            vacation shall be carried forward into the next succeeding year,

                            in which it must be used.

                            ARTICLE 10.

                            A. Medical Coverage/Prescription Plan

                            The base policy shall be Select 10 Program

                            1. For employees hired prior to 1-1-95, the Township will pay 100% of the premium in 2004.
                              The Township will pay 90% of the premium* for 2005/employee shall pay 10%.

                              The Township will pay 80% of the premium* for 2006 and thereafter/employee shall pay 20%.

                            2. For employees hired after 1-1-95, the Township will pay 80% of the premium* and employee shall
                            pay 20%.

                            *Single coverage premium will be paid in its entirety by the Township.
                            Employees opting for coverage with premiums exceeding the Select 10 option shall contribute all costs
                            in excess of the Township contribution for the base policy plan.
                            3. Cash Option

                            Employees who receive hospital and medical coverage through their spouse's

                            employer may surrender their benefits for cash. The Township will distribute

                            a questionnaire in November and the coverage will begin the following January

                            1". Employees must be able to document their alternate coverage and will not

                            be able to re-enter the Health Insurance Program until the next open

                            enrollment period (November). The Township will provide

                            one-half of the savings allowed by the Health Insurance Fund. (Note that the cash payment is

                            taxable). Payments will be made in two installments; June 1" and December 1".

                            B. Dental Benefits

                            1. The Township will provide payment towards the cost of a dental plan for

                            employees based on the following schedule:

                            a) The maximum premium contribution paid by the Township shall be $600.00.

                            b) For employees hired after 1-1-2000 including single coverage employees, the

                            premium shall be shared 80/20 with the Township's contribution capped at $600.

                            C. Other Insurances

                            The Township shall continue to provide Group Life Insurance and Long Term

                            Disability Insurance per policy levels in place as of 12-31-2000.

                            D. Right to Select Carrier

                            The Township reserves the right to change insurance carriers as long as substantially

                            similar benefits are provided.

                            ARTICLE 11.
                            GRIEVANCE PROCEDURE

                            A. 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 this

                            Agreement and to resolve grievances as soon as possible so

                            as to assure efficiency and promote employees' moral. The

                            parties agree that this procedure will be kept as informal

                            as may be appropriate.

                            2. Nothing contained herein shall be construed as limiting the

                            right of any employee having a grievance to discuss the

                            matter informally with the Head of the Department and

                            having the grievance adjusted without the intervention of

                            the Union.

                            B. DEFINITION

                            The term "grievance" as used herein means any controversy

                            arising over the interpretation or adherence to the terms and

                            conditions of this Agreement and may be raised by an individual,

                            the Union or the Township.

                            C. STEPS OF THE GRIEVANCE PROCEDURE

                            The following constitutes the sole and exclusive method for

                            resolving grievances between the parties covered by this

                            Agreement and shall be followed in its entirety unless any step

                            is waived by mutual consent.

                            STEP ONE:

                            The moving party shall present the grievance in writing signed

                            by the aggrieved to the Department Head within five (5) working

                            days of the occurrence giving rise to the grievance for the

                            purpose of resolution. In the discussion of the grievance, the

                            persons involved shall make an earnest effort to resolve the

                            matter. The Department Head shall make whatever additional

                            investigation is necessary and shall, within three (3) working

                            days after presentation of the grievance, give his decision.

                            STEP TWO:

                            If a grievance is not resolved at Step One, the moving party

                            may, within three (3) working days of receipt of the answer

                            in Step One, submit the written grievance to the Township

                            Manager, who shall give his answer within three (3) working

                            days of the presentation of the grievance in Step Two.

                            STEP THREE: Arbitration:

                            (a) In the event the grievance has not been resolved at Step Three,

                            the Union may within five (5) working days request arbitration.

                            The arbitrator shall be chosen in accordance with the Rules of

                            the American Arbitration Association.

                            (b) 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.

                            (c) The costs of the services of the arbitrator shall be borne

                            equally between the Township and the Union. Any other expense

                            incurred, including but not limited to the presentation of

                            witnesses, shall be paid by the party incurring same.

                            (d) The arbitrator shall set forth his findings of fact and reasons

                            for making the award within thirty (30) days at the conclusion

                            of the arbitration hearing unless agreed to otherwise by the

                            parties. The decision of the arbitrator shall be final and


                            D. A grievance will be considered settled upon its withdrawal in

                            writing, or when the grievant ceases to be an employee by

                            resignation or when any time limit set forth above has expired for

                            its appeal to the next step. Failure to answer a grievance within

                            the proper time shall move it to the next step.

                            ARTICLE 12.
                            NO-STRIKE PLEDGE

                            A. The Union covenants and agrees that during the term of this

                            Agreement neither the Union 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, walkout or other job action against the

                            Township. The union agrees that such action would constitute a

                            material breach of this Agreement.

                            B. In the event of a strike, slowdown, walkout or other job action, it

                            is covenanted and agreed that participation in any such activity by

                            any employee covered under the terms of this Agreement shall be

                            deemed grounds for termination of employment of such employee or


                            C. The Union will actively discourage and will take whatever

                            affirmative steps are necessary to prevent or terminate any strike,

                            work stoppage, slowdown, walkout or other job action against the


                            D. Nothing contained in this Agreement shall be construed to limit or

                            restrict the Township 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

                            Union or its member.

                            ARTICLE 13.
                            DISCHARGE AND DISCIPLINE

                            A. No permanent employee shall be discharged or suspended or otherwise

                            disciplined without just cause.

                            B. The employer shall notify the Union at the time disciplinary action

                            is taken.

                            C. Employees shall have the right to claim that suspension or discharge

                            was unjustly imposed by submitting such claim to the Township

                            Manager in writing within three (3) working days after the

                            disciplinary action. This shall be the sole method of appeal of

                            disciplinary action. Failure to so appeal shall be admission as to

                            the propriety of the action taken.

                            ARTICLE 14.

                            A. Salary ranges and increments for the years 2004 through 2006 shall be

                            determined as follows:

                            Minimum Hourly Maximum Hourly

                            Building Maintenance $15.00 $22.50

                            Laborer & Utility Worker 15.00 22.50

                            Park Maintenance 15.00 22.50

                            Driver 16.50 27.00

                            Park Maintenance II 16.50 27.00
                            Water & Sewer Technician 16.50 27.00

                            Equipment Operator 17.00 29.25

                            Senior Water & Sewer Technician 17.00 29.25

                            Sr.Park Maintenance 17.00 29.25

                            Mechanic 19.00 29.25

                            1) Effective January 1, 2004 each employee shall receive a 3.75% increase

                            on their base salary.

                            2) Effective January 1, 2005 each employee shall receive a 3.75% increase

                            on their base salary.

                            3) Effective January 1, 2006 each employee shall receive a 3.75% increase

                            on their base salary

                            B. Employees hired after July 1 shall be eligible for a wage increase on

                            January 1 following their first anniversary of employment. Said employees

                            will be eligible for merit bonus stipends.

                            C. Any employee specifically designated to be in charge of other

                            employees on any project shall receive extra compensation at the

                            rate of $0.50 per hour for the period said employee directs and

                            supervises said project.

                            D. Any employee assigned to work in a higher job classification shall

                            be compensated for such higher classification in accordance with the

                            following procedure:

                            1. An employee must work ten (10) days as needed by the

                            Department of Public Works as training without extra pay.

                            At the time when this training period is completed, which

                            will depend upon needs for persons in such higher

                            classifications, a letter of verification will be provided

                            to the employee.

                            2. If any employee is assigned to a higher classification for

                            any part of one (1) day (including a full day) and is then

                            assigned to the higher classification for a second day, the

                            employee shall be paid at the higher rate for the second day

                            and each consecutive day thereafter. This rule shall not apply

                            to an employee filling in during vacation time which would

                            require work in the higher classification for one (1) full week

                            before payment at the higher classification is provided. Such

                            higher rate will begin on the sixth working day during a

                            vacation relief assignment.

                            3. The time noted above shall not include incidental use of

                            machines for loading of sand during snow removal or similar

                            types of brief work assignments related to an employee's normal


                            E. Merit Bonus System

                            See attached Schedule B. The evaluation rating is subject to the grievance procedure should an employee choose to exercise that right. The bonus earned from the evaluation is not to be added to base. It is a separate rate distributed as a bonus.
                            Maximum Bonus 2004 - $700.
                            2005 - $750.
                            2006 - $800.
                            Evaluations to be completed on November 1, 2004. 2005, 2006 with bonus checks released in December of each year to qualifying employees.

                            ARTICLE 15.

                            ELIMINATED JANURY 1, 2003

                            ARTICLE 16.

                            A. Within (60) sixty days of the ratification of this agreement, the Township

                            will enter into a contract with a uniform service. Said service shall

                            provide, maintain, clean and replace all employee uniforms including

                            trousers, shirts and sweatshirts.

                            B. The Township shall provide on an as-needed basis, hooded winter jackets and

                            rain gear. Ultimate responsibility for determination of need shall rest

                            with the division superintendent.

                            C. A shoe/boot allowance shall be provided in April of each year as follows:

                            2004 $130.
                            2005 $140.
                            2006 $150.

                            ARTICLE 17.
                            LEAVE OF ABSENCE
                                JURY DUTY OR MILITARY RESERVE

                                A. A permanent employee may be granted a leave of absence without pay

                                for a period not to exceed six (6) months for illness or disability

                                with certificate from a doctor. An employee's request for a

                                personal leave not connected to illness or disability may be granted

                                with the consent of the Township Manager.

                                B. JURY DUTY OR MILITARY RESERVE

                                Any permanent employee who is required to serve on jury duty or in

                                Military Reserve will be entitled to his normal salary for the

                                length of time he serves, under the condition that any compensation

                                received from either will be reimbursed to the Township.

                                ARTICLE 18.
                                BULLETIN BOARD AND SUGGESTION BOX

                                A. The Township shall provide a bulletin board and suggestion box

                                for the purpose of posting Union notices of meetings, elections,

                                appointments to Union positions, recreational and social events, and

                                such other notices of official Union business and Township notices.

                                All such notices shall be approved and initialed by the Department

                                Head prior to posting.

                                ARTICLE 19.
                                CHECK-OFF OF DUES

                                A. Upon receipt by the Township of a voluntary written authorization

                                and assignment by a member covered by this Agreement in the form

                                agreed upon between the Township and the Union and consistent with

                                applicable State law, and which shall call for deduction from the

                                wages of such member of monies for payment to the Union of his

                                membership dues (and initiation fee if a new member), which shall

                                be uniform, the Township thereafter will deduct from the first pay

                                each month of each of such member, during the full term of this

                                Agreement and any extension or renewal thereof and during the

                                existence of such assignment, his periodic Union dues (and

                                initiation fee if a new member). The Township shall promptly remit

                                monthly any and all amounts so deducted to the Secretary-Treasurer

                                of the Union of its office address, 853 Mount Prospect Avenue,

                                Newark, New Jersey 07104, provided the Union shall previously have

                                notified the Township of the amount of dues and initiation fee to be

                                deducted and shall have furnished the Township with the signed

                                voluntary written assignment of each member whose dues and/or

                                initiation fee are to be deducted.

                                B. The Union shall indemnify and save harmless the Township against any

                                and all claims, demands, suits, or other forms of liability by

                                reason of action taken by the Township in reliance upon signed

                                authorization cards furnished to the Township by the Union and in

                                compliance with the provisions of this Article.

                                C. The Township may suspend or terminate the deduction of dues

                                provisions of this contract where prompt and corrective action

                                is not taken after notice by the Township to the business agent

                                of the Union in the event of a violation of the foregoing

                                provisions of Article 12 above, relative to strikes or work


                                ARTICLE 20.
                                UNION STEWARDS

                                A. The Union shall notify the Township of the employee it designates

                                to act as the Union Steward for the purpose of investigation and

                                representation of grievances in accordance with the provisions of

                                this Agreement. Reasonable amounts of time shall be granted as

                                approved by the Township Manager, during regularly scheduled working

                                hours for such activities without loss of regular pay.

                                ARTICLE 21.

                                TRAVELING AND MEAL EXPENSE

                                A. Employees shall be entitled to twenty (20) cents per mile for

                                traveling expenses when using their personal vehicles in the

                                performance of Township duties.

                                B. Employees may receive up to $12.00 per dinner meal and $10.00 per

                                breakfast when required to work during emergency call-outs only.

                                Amounts provided for meals shall be subject to approval of the

                                Superintendent of Public Works as to the reasonableness of the cost for the

                                type of meal purchased. In the event that an employee is called in prior

                                to 7 a.m. for unscheduled overtime one half hour of time and up to $10.00

                                for a breakfast meal shall be provided. Scheduled overtime such as

                                Saturday work which is planned in advance will not qualify for meal


                                ARTICLE 22.
                                USE OF EMPLOYEES EQUIPMENT

                                A. Employees shall be entitled to payment for use of personal

                                equipment in the performance of Township duties provided specific

                                prior agreement as to reasonable compensation has been reached

                                with the Superintendent of Public Works and the Manager.

                                ARTICLE 23.
                                SENIORITY AND JOB PERFORMANCE
                                A. All job openings shall be posted for bid for a period of one
                                (1) week.
                                B. It is hereby agreed that the parties hereto recognize and accept
                                the principle of seniority in cases of transfer, promotions,
                                assignment of schedules, layoffs, and recalls. In all cases,
                                however, ability to perform the work in a satisfactory manner will be a factor in designating the employee to be affected.
                                C. An employee shall be deemed as probationary following his regular
                                appointment to a permanent position for a trial period of three
                                (3) months. An employee may be dismissed without recourse during
                                the probationary period for reasons relating to the employee's
                                D. The seniority of an employee is defined as the length of service
                                as a Township Employee dating back to his first date of hire and by his job classification.
                                E. In the event of layoffs and rehiring, the last person laid off in
                                any job classification, shall be rehired to any new position
                                available, provided said employee is able to do the available
                                work in a qualified and satisfactory manner.
                                F. When promotions to a higher labor grade or transfers to another
                                grade are in order, the Township shall make such promotions or
                                transfers from among its regular employees if qualified employees
                                are presently employed. Consideration for such promotions or
                                transfers shall be based on seniority and ability to perform the
                                work and if an employee so promoted or transferred is not deemed
                                qualified after a sixty (60) day trial period, the Township may
                                remove him and retransfer him to his former position.
                                G. The Township shall prepare and forward to the Union a seniority
                                list of employees by department and classification. Seniority list shall be updated when necessary and shall be posted on the Union Bulletin Board showing the employee's name, classifications, and seniority date.

                                ARTICLE 24.
                                MAINTAINING RECORDS

                                A. Records of sick leave, vacation time and overtime shall be main-
                                tained by the Department Head and Township Manager and the Union
                                Steward. The Steward shall be notified when an employee is out
                                on sick leave and vacation, and the duration of same. Both sick
                                time and vacation time shall be posted on the bulletin board each quarter by the Department Head.

                                ARTICLE 25.
                                NOTIFICATION OF CALL OUT

                                It is mutually understood that response to emergency call outs for snow removal work is considered in establishing an employee's annual merit increase. Employees may trade standby positions for call outs or arrange to have their standby positions covered by another employee if clear prior notification is provided to the Superintendent of Public Works.
                                If an employee who is substituting for another employee's standby is not available when called, the substituting employee shall be charged with a missed call out. If an employee arranges to have his standby position covered and the magnitude of the storm or other circumstance requires that the substitute employee would have been called as well, then, if the original employee on the standby list is not available, he will also be charged with a missed call out.

                                ARTICLE 26.
                                SEPARABILITY AND SAVINGS
                                A. The Township and the Union recognize the applicability of the
                                budgetary limitations enacted by the State of New Jersey with
                                reference to Municipal budget "caps" and agree to abide fully by such provisions and other applicable present or future legislation. Therefore, salary or wage increases or other economic changes will be put into effect to the extent that is legally possible. In the event any or all of the salary increases or adjustments or other economic changes for 1989 or beyond cannot be legally made effective, such increases shall be omitted or proportionately adjusted according to law.
                                B. If any provision of this Agreement or any application of this
                                Agreement to any employee or group of employees is held invalid by operation of law or by a Court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.

                                ARTICLE 27.
                                FULLY BARGAINED PROVISIONS
                                A. The 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 or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

                                ARTICLE 28.
                                TERM OF AGREEMENT
                                A. This Agreement shall take effect from January 1, 2004, and shall
                                remain in full force and effect through December 31, 2006, and
                                thereafter from year to year unless either party shall give
                                notice in writing no sooner than one-hundred fifty (150) nor
                                later than one-hundred twenty (120) days in advance of the
                                expiration date of this Agreement of the desire to amend or
                                terminate the same. All changes by the moving party must
                                be submitted in writing at the time the initial aforesaid notice
                                is given. Thereafter, the responding party shall have thirty
                                (30) days to give notice of proposed changes and/or counter
                                proposals in writing. No such changes by either party shall be considered
                                which are not received in accordance with this Section.

                                TEAMSTER’S LOCAL 97 TOWNSHIP OF RANDOLPH
                                OF NEW JERSEY INTERNATIONAL
                                BROTHERHOOD OF TEAMSTER,
                                CHAUFFEURS, WAREHOUSEMEN
                                AND WORKERS OF AMERICA

                                ____________________________ ____________________
                                John Gerow, President John C. Lovell, Manager

                                Ignazio Amodio, Business Agent/
                                Local 97

                                Charles Crossan, Shop Steward

                                Witness: Witness:

                                ______________________ _________________________
                                Carl Dean Frances S. Bertrand, Township Clerk

                                Randolph Tp and IBT Loc 97 2004.pdf