Contract Between
Randolph Tp-Morris
- and -
Randolph Tp Ees Assn
* * *
01/01/2004 thru 12/31/2006


CategoryMunicipal
UnitBlue Collar, Professionals, Supervisors

Contract Text Below
1






AGREEMENT




BETWEEN:




TOWNSHIP OF RANDOLPH,
MORRIS COUNTY, NEW JERSEY




-AND-







RANDOLPH TOWNSHIP EMPLOYEES ASSOCIATION







January 1, 2004 through December 31, 2006

INDEX

Preamble 3
Article I Recognition 4
Article 11 Management Rights 5
Article III Work Week and Overtime 6
Article IV Sick Leave 7
Article V Holidays 10
Article VI Vacations 11
Article VII Insurance 12
Article VIII Grievance Procedure 14
Article IX No Strike Pledge 16
Article X Discharge and Discipline 17
Article XI Salaries 18
Article XII Work Boot Allowance/Replacement 20
Article XIII Equal Employment Opportunity Policy 21
Article XIV Separability and Savings 22
Article XV Fully Bargained Provisions 23
Article XVI Terms of Agreement 24









PREAMBLE





This AGREEMENT entered into June 16, 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 the RANDOLPH TOWNSHIP EMPLOYEES ASSOCIATION, hereinafter called the "Association" represents the complete and final understanding on all the bargainable issues between the Township and the Association.
ARTICLE I

RECOGNITION


The Township recognizes the Association as the exclusive collective negotiations agent for the

following job classifications within the Township of Randolph:

Engineering Assistant
Public Works Inspector
Fire Code Inspector
Animal Control Officer
Deputy Animal Control Officer
Building Inspector
Foreman (Public Works)
Public Health Nurse
Sanitarian
Deputy Court Administrator
Zoning Officer
Health Educator
P/T Fire Inspector
P/T Public Nurse
Romper Teacher/Secretary
Tax Assessment Assistant
Community Services Supervisor
Purchasing Coordinator

ARTICLE 11
MANAGEMENT RIGHTS
      1. 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 rights:
        1. To the executive management and administrative control of the Township government
        and its properties and facilities and the activities of its employees;
        1. To hire all employees and subject to the provisions of law, to determine their
        qualification and conditions for continued employment or assignment and to promote
        and transfer employees;
        1. To suspend, demote, discharge or take other disciplinary action for good and just cause
        according to law.
      1. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the
      Township, the adoption of policies, rules and 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 States.
ARTICLE III
WORK WEEK AND OVERTIME



A. The normal work week and hours vary depending on the department
and position. All positions represented by the Association are salaried.

B . The employer shall compensate each employee for overtime in excess of forty (40)
hours at one and one-half 0-1/2) times the hourly rate of compensation paid such
employee such employee providing such overtime shall have been with the authority or
approval or at the direction of the immediate supervisor of the employee or the
Township Manager.

C. Employees may opt for compensatory time in lieu of overtime payments.
          1. For employees who work less than a 40 hour week, the employer shall compensate the employee with one (1) hour of compensatory time off for each hour worked by
          the employee in any given week up to forty (40) hours and one and one half (1.5)
          hour of compensatory time off for each hour worked by the employee in any given
          week in excess of forty (40) hours providing such overtime shall have been with the
          authority or approval or at the direction of the immediate supervisor of the
          employee or the Township Manager.
2. Employees shall be entitled to accrue a maximum of 60 hours of compensatory time.

ARTICLE IV
SICK LEAVE

A. Service Credit for Sick Leave
  1. 1. All employees shall be entitled to sick leave with pay based on their aggregate years of service.
  2. 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. The employer has a reasonable expectation that the employee is convalescing and/or seeking medical assistance as opposed to other unrestricted activities associated with time off for vacations, compensatory time or holidays. Both parties to this contract agree that abuse of the sick leave benefit is unacceptable and subject to managerial response.
Sick leave may also be utilized for short periods because of death in the employee's
immediate family as defined below.

B. Amount of Sick Leave
  1. 1. Sick leave with pay shall accrue to any full time employee on the basis of one day per month.
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.
3. In the event an employee is injured while at work, full salary will be paid without a charge
against sick leave, provided the employee is eligible for, and the Township receives, workers'
compensation benefits.

C. Reporting of Absence on Sick Leave
1. If an employee is absent for reasons that entitle him/her to sick leave, his/her supervisor shall be
notified prior to the employee's starting time, except in emergencies.
(a) Failure to so notify the supervisor may be cause for 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.

D. Verification of Sick Leave
    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 whenever such
requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action.
    1. In case of leave of absence due to exposure to contagious disease, a certificate from the
      Department of Health shall be required prior to return to work.
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 and safety of other employees.

E. Payment for Accumulated Sick Leave at Retirement
      Full time employees shall be entitled to sick pay retirement benefits of 50 percent of accumulated sick time based on the following schedule:
Maximum Benefit
When the employee’s age and years of service to the
Township added together total 70 years 70 days (not to exceed $10,000)

When the employee’s age and years of service to the
Township added together total 75 years 75 days (not to exceed $12,500)

When the employee’s age and years of service to the
Township added together total 80 years 80 days (not to exceed $15,000)
F. Bereavement Leave
1. In case of death in the immediate family, an employee shall be granted up to three (3) days of
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, grandparents, sister-in-law and brother-
    in-law, son- in-law, daughter-in-law, grandchild.
3. Reasonable verification of the event may be required by the Township.


ARTICLE V
HOLIDAYS


      1. The following thirteen (13) days shall be holidays upon which the public offices of the

      Township shall be closed and on which the employees shall not be required to work:

New Year's Day Labor Day
Martin Luther King's Birthday General Election Day
Lincoln's Birthday Veteran's Day
Washington's Birthday Thanksgiving Day
Good Friday Day after Thanksgiving
Memorial Day Christmas Day
Independence Day


      1. Floating Holidays
        1. Lincoln's Birthday and Election Day are designated as "floating holidays" for all
          employees.
          1. Employees will have the option of taking Lincoln's Birthday and Election Day as

          holidays or reporting for a normal work day on those dates and taking another day

          off subject to the following:
          1. Sufficient personnel will be available in all departments on Lincoln's Birthday and
            Election Day to adequately maintain operations on these days.
          1. The day taken in lieu of Lincoln's Birthday or Election Day as a "floating holiday"

          shall be subject to approval of the department head or supervisor according to normal

          procedures for vacation or time off from work.








    ARTICLE VI
    VACATIONS



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

    After 1st calendar year 2 weeks

    January 1st following the 3rd year 2 weeks plus one day

    January 1st following the 6th year 3 weeks
    of service

    January lst following the 13th year 4 weeks
    of service

    January lst following the 18th year 4 weeks plus one
    of service (1) additional day
    for each year
    served over 18.

    B. Employees may carry forward accumulated vacation time not to exceed the total number

    of days received in the following year, i.e. if an employee has a 2000 vacation allowance of 15

    days, an additional 15 days can be carried forward from 1999 for use in 2000.

    Any unused vacation in excess of the one year carry over amount shall be forfeited.

    C. During the first calendar year of employment, employees shall begin accruing vacation
      time in their third month of employment at a rate of one day of vacation per month of service up

      to a maximum of 10 working days.
      ARTICLE VII
      INSURANCE



        1. Medical Coverage/Prescription Plan
          1. The Select 10 Plan shall be the base plan for coverage.
          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.

      2. 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%.

      3. For employees hired after 1-1-95:

      The Township will pay 80% of the premium* and employee shall pay 20%.

          4. 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 period will begin the following January 1st. 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. The Township will provide
          one half of the insurance premium savings that it realizes as a result of the employee’s
          action. (Note that the cash payment is taxable) Payment will be made in two installments,
          April and October.


      * Single coverage will be paid in its entirety by the Township











      B. Dental Benefits
        1. The Township will provide payment towards the cost of a dental plan for employees based on
          the following schedule:
          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 VIII
      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 to promote employees' morale. 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
          grievance to discuss the matter informally with the department head and having the
          grievance adjusted without the intervention of the Association.
      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 Association 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 five (5) working days after
      presentation of the grievance, give a decision.
      Step Two: If a grievance is not resolved at Step One, the moving party may, within five (5)

      Working days of receipt of the answer in Step One, submit the written grievance to the

      Township Manager, who shall provide a response within five (5) working days of the

      presentation of the grievance in Step Two.


      Step Three: If the grievance is not resolved in Step Two, it may be appealed in writing

      within five (5)working days after receipt of the answer in Step Two for arbitration before

      the N.J. Public Employee Relations Commission ( PERC). The arbitrator's decision shall

      be final.
          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 IX
      NO-STRIKE PLEDGE


          1. The Association covenants and agrees that during the term of this Agreement neither the Association 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 Association agrees that such action would constitute a material breach of this Agreement.
          2. 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 employees.
            A. The Association 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 Township.
          1. 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 in law or in equity
          for injunction or damages or both in the event of such breach by the Association or its
          members.
      ARTICLE X
      DISCHARGE AND DISCIPLINE



          1. No permanent employee shall be discharged or suspended or otherwise disciplined without
            just cause.
          1. The employer shall notify the Association at the time disciplinary action is taken.
          1. 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 five (5) 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 XI
      SALARIES/PERFORMANCE EVALUATIONS



      A. Annual Increases
              January 1, 2004 3.75%
          January 1, 2005 3.75%
          January 1, 2006 3.75%

      B. Newly Appointed and Recently Promoted Staff
          Members hired or promoted after July 1 shall be exempted from the automatic salary adjustment for the following January 1. The Township may, however, grant said increase based upon a performance evaluation to be conducted by the department head and reviewed by the Township Manager. The Township Manager’s decision shall be final.

      C. Merit Stipends

      Merit stipends are based upon performance and are not built into the base salary.
                      from 0-$950
                      from 0-$1,000
                      from 0-$1,050



      D. Performance evaluations shall be prepared for each employee by their supervisor and/or

      head with approval by the Township Manager to determine if merit/performance increase shall

      be granted. In the absence of a department head, the Township Manager shall review the

      employee's performance. In the event that the employee believes that the performance

      evaluation is not representative of his/her performance; said employee may petition the

      Township Manager to undertake an examination. The decision of the Township Manager

      shall be final.


      E. The Township Manager shall have the authority to increase individual salaries when in
        his/her opinion such an increase is warranted.
        ARTICLE XII
        CLOTHING ALLOWANCE/REPLACEMENT



        1. Public Works Foremen/Women
          See Teamster contract for uniform maintenance and work shoe/boot allowance


        1. For all other field staff, the Township shall reimburse for any combination of shoes, boots, and /or

        rain gear not to exceed the following annual maximum:
                            $130
                            $140
                            $150





        ARTICLE XIII
        EOUAL EMPLOYMENT OPPORTUNITY POLICY

        It is mutually agreed that there shall be no discrimination because of race, color, religion, sex,

        age, marital status, national origin, physical disability or sex orientation based upon a bona flde

        job requirement. Association 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

        Agreement prior to seeking relief through other channels.

        ARTICLE XIV
        SEPARABILITY AND SAVINGS




        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 XV
        FULLY BARGAINED PROVISIONS




        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 or contemplation of either or both of the parties at the time they negotiated or
        signed this Agreement.
        ARTICLE XVI
        TERMS OF AGREEMENT




        This Agreement shall take effect retroactive to January 1, 2004and 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 twenty (120) nor later than sixty (60) 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.

        RANDOLPH TOWNSHIP EMPLOYEES TOWNSHIP OF RANDOLPH
        ASSOCIATION MORRIS COUNTY, NEW JERSEY





        By:__________________________ By:_________________________
        Raphael Carchia John C. Lovell, Manager



        Date:_________________________ Date:_________________________






        Witness: Witness:



        ______________________________ ______________________________
        Frances S. Bertrand
        Township Clerk








        24


        1






        AGREEMENT




        BETWEEN:




        TOWNSHIP OF RANDOLPH,
        MORRIS COUNTY, NEW JERSEY




        -AND-







        RANDOLPH TOWNSHIP EMPLOYEES ASSOCIATION







        January 1, 2004 through December 31, 2006

        INDEX

        Preamble 3
        Article I Recognition 4
        Article 11 Management Rights 5
        Article III Work Week and Overtime 6
        Article IV Sick Leave 7
        Article V Holidays 10
        Article VI Vacations 11
        Article VII Insurance 12
        Article VIII Grievance Procedure 14
        Article IX No Strike Pledge 16
        Article X Discharge and Discipline 17
        Article XI Salaries 18
        Article XII Work Boot Allowance/Replacement 20
        Article XIII Equal Employment Opportunity Policy 21
        Article XIV Separability and Savings 22
        Article XV Fully Bargained Provisions 23
        Article XVI Terms of Agreement 24









        PREAMBLE





        This AGREEMENT entered into June 16, 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 the RANDOLPH TOWNSHIP EMPLOYEES ASSOCIATION, hereinafter called the "Association" represents the complete and final understanding on all the bargainable issues between the Township and the Association.
        ARTICLE I

        RECOGNITION


        The Township recognizes the Association as the exclusive collective negotiations agent for the

        following job classifications within the Township of Randolph:

        Engineering Assistant
        Public Works Inspector
        Fire Code Inspector
        Animal Control Officer
        Deputy Animal Control Officer
        Building Inspector
        Foreman (Public Works)
        Public Health Nurse
        Sanitarian
        Deputy Court Administrator
        Zoning Officer
        Health Educator
        P/T Fire Inspector
        P/T Public Nurse
        Romper Teacher/Secretary
        Tax Assessment Assistant
        Community Services Supervisor
        Purchasing Coordinator

        ARTICLE 11
        MANAGEMENT RIGHTS
            1. 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 rights:
              1. To the executive management and administrative control of the Township government
              and its properties and facilities and the activities of its employees;
              1. To hire all employees and subject to the provisions of law, to determine their
              qualification and conditions for continued employment or assignment and to promote
              and transfer employees;
              1. To suspend, demote, discharge or take other disciplinary action for good and just cause
              according to law.
            1. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the
            Township, the adoption of policies, rules and 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 States.
        ARTICLE III
        WORK WEEK AND OVERTIME



        A. The normal work week and hours vary depending on the department
        and position. All positions represented by the Association are salaried.

        B . The employer shall compensate each employee for overtime in excess of forty (40)
        hours at one and one-half 0-1/2) times the hourly rate of compensation paid such
        employee such employee providing such overtime shall have been with the authority or
        approval or at the direction of the immediate supervisor of the employee or the
        Township Manager.

        C. Employees may opt for compensatory time in lieu of overtime payments.
                1. For employees who work less than a 40 hour week, the employer shall compensate the employee with one (1) hour of compensatory time off for each hour worked by
                the employee in any given week up to forty (40) hours and one and one half (1.5)
                hour of compensatory time off for each hour worked by the employee in any given
                week in excess of forty (40) hours providing such overtime shall have been with the
                authority or approval or at the direction of the immediate supervisor of the
                employee or the Township Manager.
        2. Employees shall be entitled to accrue a maximum of 60 hours of compensatory time.

        ARTICLE IV
        SICK LEAVE

        A. Service Credit for Sick Leave
        1. 1. All employees shall be entitled to sick leave with pay based on their aggregate years of service.
        2. 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. The employer has a reasonable expectation that the employee is convalescing and/or seeking medical assistance as opposed to other unrestricted activities associated with time off for vacations, compensatory time or holidays. Both parties to this contract agree that abuse of the sick leave benefit is unacceptable and subject to managerial response.
        Sick leave may also be utilized for short periods because of death in the employee's
        immediate family as defined below.

        B. Amount of Sick Leave
        1. 1. Sick leave with pay shall accrue to any full time employee on the basis of one day per month.
        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.
        3. In the event an employee is injured while at work, full salary will be paid without a charge
        against sick leave, provided the employee is eligible for, and the Township receives, workers'
        compensation benefits.

        C. Reporting of Absence on Sick Leave
        1. If an employee is absent for reasons that entitle him/her to sick leave, his/her supervisor shall be
        notified prior to the employee's starting time, except in emergencies.
        (a) Failure to so notify the supervisor may be cause for 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.

        D. Verification of Sick Leave
          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 whenever such
        requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action.
          1. In case of leave of absence due to exposure to contagious disease, a certificate from the
            Department of Health shall be required prior to return to work.
        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 and safety of other employees.

        E. Payment for Accumulated Sick Leave at Retirement
            Full time employees shall be entitled to sick pay retirement benefits of 50 percent of accumulated sick time based on the following schedule:
        Maximum Benefit
        When the employee’s age and years of service to the
        Township added together total 70 years 70 days (not to exceed $10,000)

        When the employee’s age and years of service to the
        Township added together total 75 years 75 days (not to exceed $12,500)

        When the employee’s age and years of service to the
        Township added together total 80 years 80 days (not to exceed $15,000)
        F. Bereavement Leave
        1. In case of death in the immediate family, an employee shall be granted up to three (3) days of
        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, grandparents, sister-in-law and brother-
          in-law, son- in-law, daughter-in-law, grandchild.
        3. Reasonable verification of the event may be required by the Township.


        ARTICLE V
        HOLIDAYS


            1. The following thirteen (13) days shall be holidays upon which the public offices of the

            Township shall be closed and on which the employees shall not be required to work:

        New Year's Day Labor Day
        Martin Luther King's Birthday General Election Day
        Lincoln's Birthday Veteran's Day
        Washington's Birthday Thanksgiving Day
        Good Friday Day after Thanksgiving
        Memorial Day Christmas Day
        Independence Day


            1. Floating Holidays
              1. Lincoln's Birthday and Election Day are designated as "floating holidays" for all
                employees.
                1. Employees will have the option of taking Lincoln's Birthday and Election Day as

                holidays or reporting for a normal work day on those dates and taking another day

                off subject to the following:
                1. Sufficient personnel will be available in all departments on Lincoln's Birthday and
                  Election Day to adequately maintain operations on these days.
                1. The day taken in lieu of Lincoln's Birthday or Election Day as a "floating holiday"

                shall be subject to approval of the department head or supervisor according to normal

                procedures for vacation or time off from work.








          ARTICLE VI
          VACATIONS



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

          After 1st calendar year 2 weeks

          January 1st following the 3rd year 2 weeks plus one day

          January 1st following the 6th year 3 weeks
          of service

          January lst following the 13th year 4 weeks
          of service

          January lst following the 18th year 4 weeks plus one
          of service (1) additional day
          for each year
          served over 18.

          B. Employees may carry forward accumulated vacation time not to exceed the total number

          of days received in the following year, i.e. if an employee has a 2000 vacation allowance of 15

          days, an additional 15 days can be carried forward from 1999 for use in 2000.

          Any unused vacation in excess of the one year carry over amount shall be forfeited.

          C. During the first calendar year of employment, employees shall begin accruing vacation
            time in their third month of employment at a rate of one day of vacation per month of service up

            to a maximum of 10 working days.
            ARTICLE VII
            INSURANCE



              1. Medical Coverage/Prescription Plan
                1. The Select 10 Plan shall be the base plan for coverage.
                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.

            2. 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%.

            3. For employees hired after 1-1-95:

            The Township will pay 80% of the premium* and employee shall pay 20%.

                4. 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 period will begin the following January 1st. 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. The Township will provide
                one half of the insurance premium savings that it realizes as a result of the employee’s
                action. (Note that the cash payment is taxable) Payment will be made in two installments,
                April and October.


            * Single coverage will be paid in its entirety by the Township











            B. Dental Benefits
              1. The Township will provide payment towards the cost of a dental plan for employees based on
                the following schedule:
                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 VIII
            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 to promote employees' morale. 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
                grievance to discuss the matter informally with the department head and having the
                grievance adjusted without the intervention of the Association.
            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 Association 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 five (5) working days after
            presentation of the grievance, give a decision.
            Step Two: If a grievance is not resolved at Step One, the moving party may, within five (5)

            Working days of receipt of the answer in Step One, submit the written grievance to the

            Township Manager, who shall provide a response within five (5) working days of the

            presentation of the grievance in Step Two.


            Step Three: If the grievance is not resolved in Step Two, it may be appealed in writing

            within five (5)working days after receipt of the answer in Step Two for arbitration before

            the N.J. Public Employee Relations Commission ( PERC). The arbitrator's decision shall

            be final.
                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 IX
            NO-STRIKE PLEDGE


                1. The Association covenants and agrees that during the term of this Agreement neither the Association 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 Association agrees that such action would constitute a material breach of this Agreement.
                2. 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 employees.
                  A. The Association 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 Township.
                1. 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 in law or in equity
                for injunction or damages or both in the event of such breach by the Association or its
                members.
            ARTICLE X
            DISCHARGE AND DISCIPLINE



                1. No permanent employee shall be discharged or suspended or otherwise disciplined without
                  just cause.
                1. The employer shall notify the Association at the time disciplinary action is taken.
                1. 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 five (5) 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 XI
            SALARIES/PERFORMANCE EVALUATIONS



            A. Annual Increases
                    January 1, 2004 3.75%
                January 1, 2005 3.75%
                January 1, 2006 3.75%

            B. Newly Appointed and Recently Promoted Staff
                Members hired or promoted after July 1 shall be exempted from the automatic salary adjustment for the following January 1. The Township may, however, grant said increase based upon a performance evaluation to be conducted by the department head and reviewed by the Township Manager. The Township Manager’s decision shall be final.

            C. Merit Stipends

            Merit stipends are based upon performance and are not built into the base salary.
                            from 0-$950
                            from 0-$1,000
                            from 0-$1,050



            D. Performance evaluations shall be prepared for each employee by their supervisor and/or

            head with approval by the Township Manager to determine if merit/performance increase shall

            be granted. In the absence of a department head, the Township Manager shall review the

            employee's performance. In the event that the employee believes that the performance

            evaluation is not representative of his/her performance; said employee may petition the

            Township Manager to undertake an examination. The decision of the Township Manager

            shall be final.


            E. The Township Manager shall have the authority to increase individual salaries when in
              his/her opinion such an increase is warranted.
              ARTICLE XII
              CLOTHING ALLOWANCE/REPLACEMENT



              1. Public Works Foremen/Women
                See Teamster contract for uniform maintenance and work shoe/boot allowance


              1. For all other field staff, the Township shall reimburse for any combination of shoes, boots, and /or

              rain gear not to exceed the following annual maximum:
                                  $130
                                  $140
                                  $150





              ARTICLE XIII
              EOUAL EMPLOYMENT OPPORTUNITY POLICY

              It is mutually agreed that there shall be no discrimination because of race, color, religion, sex,

              age, marital status, national origin, physical disability or sex orientation based upon a bona flde

              job requirement. Association 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

              Agreement prior to seeking relief through other channels.

              ARTICLE XIV
              SEPARABILITY AND SAVINGS




              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 XV
              FULLY BARGAINED PROVISIONS




              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 or contemplation of either or both of the parties at the time they negotiated or
              signed this Agreement.
              ARTICLE XVI
              TERMS OF AGREEMENT




              This Agreement shall take effect retroactive to January 1, 2004and 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 twenty (120) nor later than sixty (60) 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.

              RANDOLPH TOWNSHIP EMPLOYEES TOWNSHIP OF RANDOLPH
              ASSOCIATION MORRIS COUNTY, NEW JERSEY





              By:__________________________ By:_________________________
              Raphael Carchia John C. Lovell, Manager



              Date:_________________________ Date:_________________________






              Witness: Witness:



              ______________________________ ______________________________
              Frances S. Bertrand
              Township Clerk








              24





              Randolph Tp and Randolph EA 2004.pdf