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AGREEMENT Between BOROUGH OF NEW MILFORD And RWDSU, LOCAL 108, AFL-CIO-CLC JANUARY 1, 2018 – DECEMBER 31, 2021
TABLE OF CONTENTS
I. EMPLOYEES’ BASIC RIGHTS 5
II. UNION RECOGNITION 6
III. EXCLUSIVITY OF UNION REPRESENTATION 7
IV. EXISTING LAW 8
V. UNION REPRESENTATIVES 8
VI. MAINTENANCE OF WORK OPERATIONS 9
VII. PRESERVATION OF RIGHTS 9
VIII. DATA FOR FUTURE BARGAINING 10
IX. SALARIES 11
X. WORK DAY, WORK WEEK, AND OVERTIME 12
XI. HOURLY RATE 14
XII. RECALL 14
XIII. LONGEVITY 14
XIV. VACATIONS 15
XV. HOLIDAYS 16
XVI. SICK LEAVE 16
XVII. WORK INCURRED INJURY 18
XVIII. BEREAVEMENT LEAVE 19
XIX. LEAVE OF ABSENCE 20
- MEDICAL COVERAGE/FAMILY DENTAL PLAN/
XXI. BULLETIN BOARD 22
XXII. PERSONNEL FILES 22
XXIII. MILITARY LEAVE 23
XXIV. PENSION 23
XXV. GRIEVANCE PROCEDURE 23
XXVI. DISCIPLINE 25
XXVII. SAVINGS CLAUSE 25
XXVIII. PERSONAL DAYS 26
XXIX. TERMINAL LEAVE 26
XXX. SAFETY AND HEALTH 27
XXXI. FUTURE PAY STEPS 27
XXXII. TERM OF CONTRACT 28
APPENDIX A – VACATIONS
APPENDIX B – HOLIDAYS
APPENDIX C – PART TIME STAFF
APPENDIX D – SUMMER SCHEDULE
APPENDIX E – HOLIDAY SCHEDULE
APPENDIX F – SALARIES
PREAMBLE
THIS AGREEMENT, made this ___ day of December, 2017, by and between the BOROUGH OF NEW MILFORD, a body politic and corporate of the State of New Jersey, hereinafter referred to as “Employer” and Local 108 RWDSU, AFL-CIO-CLC, hereinafter referred to as “Union”.
WHEREAS, the Employer and the Union recognize that it will be to the benefit of both to promote mutual understanding and foster a harmonious relationship between the parties to the end that continuous and efficient service will be rendered to and by both parties.
NOW, THEREFORE, it is agreed as follows:
Pursuant to Chapter 303, Public Laws, 1968, the - Employer hereby agrees that every eligible employee shall have the right to freely organize, join and support the Union and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a body exercising governmental power under the Laws of the State of New Jersey, the Employer undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any employee covered by this agreement in the enjoyment of any rights conferred by the Constitution of New Jersey and of the United States; that it shall not discriminate against any such employee with respect to hours, wages, or any membership in the Union and its affiliates, collective negotiation with the Employer or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment, as prescribed by the Statutes of the State of New Jersey.
UNION RECOGNITION
- The Employer recognizes the Union as the exclusive representative, pursuant to Docket No. CU-2000-7, by the New Jersey Public Employment Relations Commission for the purpose of collective negotiations with respect to all negotiable items of employment of all full-time and regular part-time white-collar employees employed by the Borough of New Milford, including those classes as set forth below:
- Administrative Assistant - Building Department
- Receptionist – Clerk’s Office
- Building Department Control Person
- Violations Clerk
- Public Health Nurse
- Tax Assessor’s Assistant
- Administrative Assistant – DPW
- Deputy Court Clerk
- Records Clerk
- Data Entry Clerk
- Deputy Tax Collector
- Tax Collector Clerk
- Assistant – Borough’s Clerk Office
- Police Dispatcher
- Secretary/Registrar Health Department
The following titles shall be excluded from the white-collar bargaining unit represented by RWDSU. Local 108:
- Deputy Borough Clerk
- Police Chief’s Secretary (Administrative Assistant – Police)
- Tax Assessor
- Superintendent – Parks and Recreation
- Tax Collector
- Construction Code Official
- Court Administrator
- Borough Clerk
- Recycling Coordinator
- Senior Transportation Coordinator
- Recreation Secretary
- Senior Van Driver
- Sub-Code Official
- Court Attendant
- Senior Center Director
- No employee shall be compelled to join the Union, but shall have the option to voluntarily join said union.
- The term “employee” as used herein shall be defined to include the plural as well as the singular, and to include females as well as males.
EXCLUSIVITY OF UNION REPRESENTATION
- The Employer agrees that it will not enter into any contract or memorandum of agreement with any one but the recognized Union with regard to the categories of personnel covered by the said Contract during the term of this Agreement.
Union Dues
- Pursuant to N.J.S.A.52:14-15.9(e) as amended, the Borough agrees to deduct from the pay of the employees who authorize the Borough in writing to do so. Deductions shall be made either from the first of the month or the second pay period of each month. All amounts deducted shall be remitted to the union once a month no later than the 10th day of the month. The Borough further agrees to furnish the union with a list, not more than monthly, of newly hired employees and terminated employees. The Union will advise the borough in writing, of the amount of the initiation fees and monthly dues.
- Pursuant to the New Jersey Employer-Employee Relations Act, as Amended, effective July 1, 1980 all non-members included in the Certification shall pay to the Union a representation fee in lieu of dues for services rendered by the union in amount equivalent to the regular members, but in no event shall such fee exceed 85% of the regular membership dues, fees and assessments as provided by N.J.S.A. 34:13A-5.5.
- The Union agrees that it will indemnify and save harmless the Borough against any and all actions, claims, demands, losses, or expenses (including reasonable attorney’s fees) in any matter resulting from action taken by the Borough at the request of the Union under this Article.
EXISTING LAW
The provisions of this Agreement shall be subject to and subordinate to, and shall not annul or modify existing applicable provisions of State and Federal Laws.
- UNION REPRESENTATIVES
- The Employer recognizes the right of the Union to designate two (2) representatives for the enforcement of this Agreement. The Union shall furnish the Employer in writing the names of the representatives and notify the Employer of any changes.
- The authority of the representatives so designated by the Union shall be limited to, and shall not exceed, the following duties and activities:
- The presentation of grievances in accordance with the provisions of the collective bargaining agreement.
- The transmission of such messages and information which shall originate with, and are authorized by the Union or its officers.
- The designated Union representatives shall be granted time with pay during working hours to seek to settle grievances and to attend all meetings and conferences on contract negotiations with Borough officials.
- MAINTENANCE OF WORK OPERATIONS
- The parties agree that there shall be no lockouts, strikes, work stoppages, job actions, or slowdowns during the life of this Agreement. No officer or representative of the Union shall authorize, instigate, or condone such activity.
- It is understood that violation of the provisions of this Article may subject any employee participating in or condoning such activity to disciplinary action by the Borough. Such disciplinary action may include termination of employment or any other appropriate lesser form of discipline subject to applicable provisions of State Statute and other applicable provisions of this Agreement.
- PRESERVATION OF RIGHTS
- The Borough of New Milford hereby retains and reserves unto itself, without limitations, 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, following rights:
- To the executive management and administrative control of the Borough Government and its properties and facilities and the activities of its employees;
- 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;
- To suspend, promote, transfer, assign, reassign, discharge, or take any other disciplinary action for good and just cause according to law;
- Nothing contained herein shall be construed to deny or restrict the Borough of its rights, responsibilities and authority, under R.S.11, 40 and 40A, or any other national, state, county or other applicable laws.
- The Borough of New Milford agrees that all benefits, terms and conditions of employment relating to the status of employees, which benefits, terms and conditions of employment are not specifically set forth in this Contract, shall be maintained at not less than the highest standards in effect at the time of commencement of collective bargaining negotiations between the parties leading to the execution of this Contract.
- Unless a contrary intent is expressed in this Contract, all existing benefits, rights, duties, obligations and conditions of employment applicable to any employee pursuant to any rules, regulations, instruction, directive, memorandum, statute or otherwise shall not be limited, restricted, impaired, removed or abolished.
- DATA FOR FUTURE BARGAINING
- The Borough agrees to make available to the Union all relevant data the Union may require to bargain collectively.
- The relevant data noted above shall include, but shall not be limited to, such items as salaries and benefits enjoyed by other Borough personnel, the cost of various insurance and other programs, information concerning overtime worked by employees, the total number of sick days utilized by employees, the total number of injuries on duty, the total length of time lost as a result of injuries on duty and other data of similar nature.
- SALARIES
- The employees shall receive a 2.5% increase on January 1, 2018, a 2.5% increase on January 1, 2019, a 2.5% increase on January 1, 2020, and a 2.5% increase on January 1, 2021 of their base annual salary.
- The parties further agree that:
- The Borough retains the right to hire new employees and upon ratification of this Agreement the starting rate for full-time positions shall be $25,000 per annum.
- There is to be a 6 month probationary period for new full and part time employees, which probationary period may, at the sole discretion of the Borough, be extended for an additional 3 month period. The Borough reserves the right to terminate for any cause within said period. There shall be no recourse by the employees or by the Union, on its behalf, to the grievance and arbitration procedure.
- Notwithstanding the foregoing, probationary employees shall, after three (3) months, receive medical benefits commencing at the start of the fourth month.
- Merit increases may be recommended by a department head or staff member achieving any three of the following criteria:
- Continuous service for at least two years.
- Satisfactory review of employee work record.
- Change in job title accompanied by substantive increase in responsibility.
- Relevant certification by a recognized authority or comparative educational achievement.
The recommendation will then be sent to the Administrator who will make a recommendation to the Mayor and Council. The final decision will be made by the Mayor and Council.
- In addition to all other payments set forth in this Agreement, each employee shall receive payment for all college credits earned in courses related to or leading to a Bachelor’s Degree.
- The above payment shall be ten dollars ($10.00) per credit paid annually, which shall be pro-rated and included in the employee’s periodic paychecks.
- The Borough shall provide a uniform to the Police Dispatcher.
- WORK DAY, WORK WEEK, AND OVERTIME
- The workday shall commence at 8:00 a.m. and shall continue until 4:00 p.m. during which period a 15 minute coffee break will be permitted between 8:00 a.m. and 12:00 noon.
- A Summer Schedule shall apply for the dates outlined in Appendix D as follows: Monday through Thursday the workday shall commence at 8:00 a.m. and shall continue until 4:30 p.m.; Friday the workday shall commence at 8:00 a.m. and shall continue until 1:00 p.m. Part-time employees will work from 9:00 a.m. to 3:30 p.m. Monday through Thursday and from 9:00 a.m. to 12:30 p.m. on Fridays during the dates outlined in the Summer Schedule.
- Lunch hours shall be between 12:00 noon and 2:00 p.m. in one-hour shifts. There will be no lunch hour on Fridays during the dates outlined in the Summer Schedule.
- An employee who takes a vacation, sick or personal day on Friday, during the Summer Schedule, shall still work from 8:00 a.m. until 4:30 p.m. Monday through Thursday, and will receive up to 2 hours of comp time in lieu of leaving early on Friday.
- Work in excess of a normal day or normal week shall be overtime and shall be paid at the time and one-half rate.
- In lieu of overtime, comp time may be accumulated up to a maximum of fourteen (14) hours throughout the year. All comp time must have prior approval from the department head and the Administrator; accrual and use of comp time must be reported on standard time sheets and must be submitted to the Administrator’s office. Any time beyond fourteen (14) hours must be paid as overtime. Comp time cannot be carried over to the following year; unused comp time will expire on December 31st of the year in which it was earned.
- All offices shall have adequate air conditioning, heat and be smoke-free.
- Any office with more than one person on duty shall alternate lunch hours to the end that the office remains open at all times.
- HOURLY RATE
To compute the base hourly rate of an employee, the annual base salary shall be divided by 1820 hours.
- RECALL
- Any employee who is called back to work after having completed his/her regularly scheduled shift shall be compensated at his/her time and one-half rate and shall be guaranteed no less than one hour of work.
- The parties agree that when an employee is injured while traveling in response to or as a result of a recall, and sustains injury during such period, the said injury shall be considered as an injury on duty for all purposes under this agreement.
- LONGEVITY
After 4 years of uninterrupted service 3%
After 8 years of uninterrupted service 4%
After 12 years of uninterrupted service 5%
After 16 years of uninterrupted service 6%
After 20 years of uninterrupted service 7%
After 24 years of uninterrupted service 8%
Employees hired after January 1, 1998, longevity shall be computed as follows:
After 5 years of uninterrupted service 3%
After 10 years of uninterrupted service 4%
After 15 years of uninterrupted service 5%
After 20 years of uninterrupted service 6%
After 25 years of uninterrupted service 7%
After 30 years of uninterrupted service 8%
Longevity shall not be available to any employee hired on or after December 31, 2011.
- VACATIONS
- The existing vacation program and allowances shall be maintained during the term of this Agreement.
- When, in any calendar year, the vacation or any part thereof is not granted by reason or pressure of municipal business, such vacation periods not exceeding two weeks and not granted shall accumulate and shall be granted during the next succeeding year only prior to June 15 or after September 15, or, by mutual agreement of the employee, may be compensated by money payment thereof.
- If any employee is on vacation and becomes sufficiently ill so as to require in-patient hospitalization, he/she may have such period of illness and post hospital recuperation period charged against available sick leave at this/her option upon proof of hospitalization and a physician’s certificate.
- If any official holiday occurs during an employee’s authorized vacation, he/she will be entitled to an additional vacation day in lieu of the holiday.
- Vacations shall be selected on a rotating seniority basis, which shall be established by the Borough, subject to present practices.
- See Appendix “A” for vacation formula.
- Part-time employees shall receive pro-rated vacation time.
- Employees can request payment for unused vacation time, up to a maximum of five (5) days per year. Supervisor and Administrator must be notified of the employee’s intent to exercise this option by October 31st. Payment will be made by June 30th of the following year.
- HOLIDAYS
- All employees will be entitled to and will receive thirteen (13) holidays per year, which if worked, entitle the employee to time and one-half for each such holiday. The holidays noted herein shall be a set forth in Appendix “B”.
- In addition to the regular paid holidays heretofore set forth, the employees covered under this Agreement shall be entitled to such other holidays as may be declared from time to time by the Borough’s governing body for any other Borough employees.
- Employees agree to work an additional half hour, until 4:30 p.m. for full-time employees and until 3:30 p.m. for part-time employees, for the four regular work days immediately preceding the Eve of Thanksgiving, Christmas Eve, and the three days immediately preceding and one day immediately following New Year’s Eve and in return will forego lunch and be permitted to leave at 1:00 p.m. on the aforementioned days. The effective dates for this “Holiday Schedule” can be found in Attachment E.
- SICK LEAVE
- All permanent full-time employees covered by this Agreement shall be granted sick leave with pay of one working day for every month of service during the first calendar year of hiring and fifteen (15) working days in each calendar year thereafter which shall accumulate from year to year. Part-time employees shall receive six (6) days accrued at a rate of ½ day per month.
- Sick leave with pay is hereby defined to mean a necessary absence from duty due to illness, injury or exposure to contagious disease and may include absence due to illness in the immediate family of the employee, or necessary attendance upon a member of the immediate family.
- To qualify for payment while absent on sick leave, each employee who will be absent from duty on sick leave shall so notify his/her supervisor at least one hour before the commencement of his/her schedule tour of duty. Said notice shall state the nature of the cause of the absence from duty. An employee who is absent without such notification shall be charged with an unpaid day for each day absent and will be subject to appropriate disciplinary action.
- An employee absent on sick leave may be required to submit a doctor’s note at the discretion of the management substantiating the illness if he/she is absent more than three (3) consecutive days.
- One-half (1/2) of a work day shall be the smallest unit to be considered by computing sick leave used.
- The Employer shall give extra compensation to those employees who do not utilize their sick days by paying them on December 1 at their daily rate for one-half (1/2) of the annual 15 day allotment not used in the period from December 1 to November 30 of the following year provided that the employee maintains a sick “bank” of 50 days for the entire period.
Once the sick “bank” requirement of 50 days is satisfied, the employee may choose the option of adding unused days to his/her “bank” up to the limit of 183 days (203 days for those with more than 20 years of service). Employees may “bank” sick days not paid. Option choice must be in writing to the Administrator no later than November 15th. Payment will be the first pay date in December.
- WORK INCURRED INJURY
- Where an employee covered under this Agreement suffers a work connected injury or disability, the Borough shall continue such employee at full pay during the continuance of such employee’s inability to work, for a period of up to one year. During this period of time, all temporary disability benefits accruing under the provisions of the Worker’s Compensation Act shall be paid over to the Borough.
- The employee shall be required to present evidence by a certificate of a responsible physician that he/she is unable to work, and the Mayor and Council may reasonable require the employee to present such certificates from time to time. The Administration may require an examination by the Borough appointed physician.
- In the event the employee contends that he/she is entitled to a period of disability beyond the period established by the treating physician, or a physician employed by the Borough, or by its insurance carrier, then, and in that event, the burden shall be upon the employee to establish such additional period of disability by obtaining a judgment in the Division of Workers’ Compensation (establishing such further period of disability and such findings by the Division of Worker’ Compensation), or by the final decision of the last reviewing court shall be binding upon the parties.
- For the purpose of this Article, injury or illness incurred while the employee is attending a Borough sanctioned training program shall be considered in the line of duty.
- Any injury on duty requiring time off for treatment, recuperation or rehabilitation, shall not be construed as sick leave or a sick leave occasion under the terms of the sick leave policy heretofore agreed upon between the parties.
- BEREAVEMENT LEAVE
- All permanent full-time and part-time employees covered by this Agreement shall be entitled to five (5) days leave with pay upon the death of a member of his/her immediate family for a funeral.
- Immediate family shall include spouse, children, parents, brothers, sisters and grandparents of employee or spouse.
- Such funeral leave shall not be charged against the employee’s vacation or sick leave.
- Any extension of absence under this Article, however, may at the employee’s option and with the consent of the department head, be charged against available vacation time, or be taken without pay for a reasonable time.
- In case of unusual circumstances specifically covered in this Article, funeral leave may be granted or extended at the discretion of the Supervisor.
- LEAVE OF ABSENCE
Employer will comply with all applicable State and Federal Laws concerning leaves of absence, including the New Jersey Family Leave Act (“NJFLA”) and the Family and Medical Leave Act (“FMLA”)
The Governing Body, may, at its sole discretion, extend an employee’s unpaid leave of absence, beyond that required under applicable law, provided that during any such extension, the employee shall be solely responsible to pay all costs of his or her healthcare coverage.
- MEDICAL COVERAGE/FAMILY DENTAL PLAN/VISION CARE PLAN
- The Borough will provide and pay for a Comprehensive Health Insurance Plan, which includes in and out of network coverage, for full-time employees covered by this Agreement and their families, of the same type and in the same amounts of coverage as presently exists. The Borough shall have the right to obtain, in the place of the foregoing, alternate health care insurance coverage provided that same is substantially similar to the coverage that presently exists.
Employee shall contribute towards the premiums payable for the foregoing health care coverage in an amount as required by law, including but not limited to such contributions as are mandated by the provisions of Chapter 78, P.L. 2011 of New Jersey State Law.
- The Borough agrees to provide each employee with a family dental plan, vision care plan and prescription drug plan.
- Prescription co-pays may apply. Co-pay amounts may vary dependent upon the type of medication.
- D. The Borough will provide a Family Health Care Plan for employees who retire after twenty-five years of continuous service or upon disability retirement, which Plan shall be the same as or equivalent to that which is currently being provided to members of the bargaining unit. All premiums and increases subsequent to retirement shall be borne by the Borough, except as mandated by the provisions of applicable New Jersey State Law, until the retiree attains age 65. Upon the age of 65 or when Medicare eligible the Borough will provide the retired employee and employee’s spouse, if any, with AARP Medicare Part B and Supplement Plan F Insurance or its equivalent, and with AARP Medicare RX Preferred (PDP) or its equivalent, until the employee attains the age of 68 years. In the event the employee’s spouse is not Medicare eligible when the employee reaches age 65, or such date as the employee is eligible for Medicare, the employee and spouse will continue on the Borough medical plan until such time as the employee’s spouse reaches age 65. To be eligible for the benefits set forth in this provision, employees hired after January 1, 2018 must have thirty (30) or more years of continuous service with the Borough of New Milford and must have attained the age of 60 years. Retiree coverage, as described, will be provided unless the employee obtains new employment which provides him/her with the same equivalent coverage under the same or similar conditions, in which event the employee must accept the employer’s coverage.
- In addition, if the retiree so chooses and upon notification to the Borough, the Borough shall continue to maintain this insurance covered after the expiration terms referenced above provided that thereafter the retiree assumes payment of the premiums.
- Those employees hired after January 1, 1996 will receive health benefits for themselves only upon retirement after 25 years of continuous service.
- The Employer shall provide the currently effective optical plan for employees of the Borough Hall and their families.
- Dental Plan – the Employer shall maintain its Delta Dental Service Plan, or equivalent package with orthodontia service.
- BULLETIN BOARD
- The Borough will supply one bulletin board for the use of the Union to be placed in a conspicuous location.
- The bulletin board shall be for the use of the Union for the posting of notices and bulletins pertaining to Union business and activities or matters dealing with the welfare of employees.
- No matter may be posted without receiving permission of the officially designated Association representative. Any bulletins deemed detrimental to operations may be rejected for posting by the Administrator. However, approval for posting shall not be unreasonably withheld.
- PERSONNEL FILES
- A separate personal history file shall be established and maintained for each employee covered by this Agreement. Personal history files are confidential records and shall be maintained in the office of the Borough Administrator or other suitable place.
- Any employee may by appointment review his personnel file. This appointment for review must be made through the designated Borough representative.
- Whenever a written complaint concerning an employee for his/her action is to be placed in his/her personnel file, a copy shall be made available to him/her and (he/she shall be given the opportunity to rebut it if he/she so desires,) and he/she shall be permitted to place said rebuttal in his/her file.
- All personal history files will be carefully maintained and safeguarded permanently. Nothing placed in any file shall be removed there from.
- MILITARY LEAVE
Military leave for employees training or serving with the National Guard or the Armed Forces of the United States will be granted in accordance with the laws applying to such cases.
- PENSION
- The Borough shall provide pension and retirement benefits to employees covered by this Agreement pursuant to the provisions of the statutes and laws of the State of New Jersey.
- The Borough will pay to the appropriate Retirement Fund all amounts, which the fund will accept on account of any payments, made to employees pursuant to this Agreement.
- It is agreed that in the event that the parties have a dispute as to whether a payment should or should not be made to the appropriate Retirement Fund, then, and in that event, resolution of the said dispute shall be made by the appropriate fund and the parties to this Agreement agree to be bound thereby.
- GRIEVANCE PROCEDURE
- To provide for the expeditious and mutually satisfactory settlement of grievances arising with respect to complaints occurring under this Agreement, the following procedures shall be used. For the purpose of this Agreement, the term “grievance” means any complaint or any difference or dispute between the Borough and any employee with respect to the interpretation, application, or violation of any of the provisions of this Agreement.
- The procedure for settlement of grievance shall be as follow:
- Step One
In the event that any employee covered by this Agreement has a grievance, within four (4) working days of the occurrence of the event being grieved, the employee shall discuss it informally with his/her Supervisor. The Supervisor shall decide the grievance within four (4) working days after the grievance is first presented to him/her.
- Step Two
If no satisfactory resolution for the grievance is reached at Step One, then within four (4) working days, the grievance shall be presented in writing to the Borough Administrator. The Borough Administrator shall render a decision within five (5) working days after the grievance was presented to him/her.
- Step Three
If no satisfactory resolution of the grievance is reached at Step Two, then within five (5) working days, the grievances shall be presented in writing to the Mayor and Council. The Mayor and Council shall render a decision within fifteen (15) working days after the grievance was first presented to them.
ARBITRATION
1. If no satisfactory resolution of the grievance is reached at Step Three, then within ten (10) working days the grievance shall be referred to PERC for the selection of an Arbitrator, to decide the issue or issues. The decision of the Arbitrator shall be final and binding upon the parties.
- The Arbitrator shall have no authority to add to or subtract from the Agreement when interpreting same.
XXVI. DISCIPLINE
- An employee may be appropriately disciplined for violation of rules and regulations and may be discharges – for good and just cause, all subject to and pursuant to applicable state law.
- All decisions concerning any form of discipline or the extend thereof may be appealed by the employee by filing a Notice of Arbitration with PERC within thirty (30) working days after being notified of the results of said discipline. The appointed Arbitrator shall have the power to review the facts and law to make such findings, including modification of penalty as he/she shall deem proper. The award of the Arbitrator shall be final and binding upon the parties.
XXVII. SAVINGS CLAUSE
- A. It is understood and agreed that if any portion of this Agreement or the application of this Agreement to any person or circumstances shall be invalid, the remainder of this Agreement or the application of such provisions to other persons or circumstances shall not be affected hereby.
If any such provisions are so invalid, the Borough and the Union will meet for the purpose of negotiation changes made necessary by applicable law.
- PERSONAL DAYS
Each member of the unit is entitled to and shall receive three (3) personal days to be taken at their sole and individual discretion without reason, but with appropriate notice. Part-time employees shall be entitled to two (2) personal days.
XXIX. TERMINAL LEAVE
Upon retirement, an employee will be entitled to a stipend according to the following schedule.
A. Sick bank shall be capped at $20,000. Any employee whose bank was greater than $20,000 as of December 31, 2011 will be grandfathered at that amount as long as they retain the appropriate number of sick days. Grandfathered employee may accumulate additional sick days but their individual dollar cap will not increase.
B. Terminal leave may at the discretion of the Borough be paid out over three years due to financial need. Employees may meet with Borough Administrator to discuss their individual situation.
C. All accumulated and unused holidays to date of retirement, or resignation.
D. All unused personal days to date of retirement, or resignation.
E. All current year unused vacation days to date of retirement, or resignation, to maximum of 10 days.
F. Holiday, vacation and personal stipends shall be pro-rated to the final day of employment.
G. Employees hired prior to January 1, 2009, who during the term of this Agreement obtain twenty or more years of service with the Borough of New Milford, will receive an additional twenty working days towards terminal leave. This Paragraph (G) shall not apply to any employee hired after the date of the ratification of this Agreement.
H. For all employees hired after the date of the ratification of this Agreement, the following schedule will apply, but shall be subject to the cap set forth in Section XXIX (A) above:
5 years service or less = 25% of sick bank, maximum 35 days
6-10 years service = 35% of sick bank, maximum 75 days
11-15 years service = 50% of sick bank, maximum 100 days
16-20 years service = 60% of sick bank, maximum 140 days
20 or more years = 75% of sick bank, maximum 183 days
XXX. SAFETY AND HEALTH
- Borough Responsibility – The Borough shall at all times endeavor to maintain safe and healthful working conditions and provide Union members with tools or devices to promote the safety and health of said Union members.
- Committee – The Borough and Union shall each designate a safety committee member. Their joint responsibility shall be to investigate unsafe conditions and to recommend corrections to the Administrator. The safety committee will include at least one Union member. The Borough shall notify the committee of any proposed measure to expose the workers to potential harm or chemical exposure, such as painting or construction work and will provide relevant data sheets if any.
XXXI. FUTURE PAY STEPS
- The Employer and union shall work out a system of pay steps.
- The pay steps will be based on skills for each position.
- TERM OF CONTRACT
This Contract shall be in effect from January 1, 2018 and shall terminate on December 31, 2021.
Attest: BOROUGH OF NEW MILFORD
_________________________ _____________________________
Christine Demiris Ann Subrizi
Administrator/Borough Clerk Mayor
Attest: RWDSU, LOCAL 108
_________________________ _______________________________
Jasper J. Parnell Marie Elena Bochicchio
_________________________ _______________________________
Patricia Supino
_________________________ _______________________________
Lisa SerenoAPPENDIX A
VACATIONS Full time employees shall receive vacation on the following basis:
Less than one year of service; one day for each month of employment not to exceed ten (10) days.
A. More than one year of service: 10 days
B. More than five years of service: 15 days
C. More than ten years of service: 20 days
D. More than fifteen years of service 25 days
APPENDIX B
HOLIDAYS
NEW YEAR’S DAY LABOR DAY
MARTIN LUTHER KING DAY COLUMBUS DAY
LINCOLN’S BIRTHDAY ELECTION DAY
WASHINGTON’S BIRTHDAY VETERAN’S DAY
GOOD FRIDAY THANKSGIVING DAY
MEMORIAL DAY CHRISTMAS DAY
INDEPENDENCE DAY
See three year holiday schedule attached
APPENDIX "B" HOLIDAYS for 2018 – 2021Holidays 2018
New Year’s Day Monday, January 1, 2018
Martin Luther King Jr.’s Birthday Monday, January 15, 2018
President’s Day Monday, February 19, 2018
Good Friday Friday, March 30, 2018
Memorial Day Monday, May 28, 2018
Independence Day Wednesday, July 4, 2018
Labor Day Monday, September 3, 2018
Columbus Day Monday, October 8, 2018
Veteran’s Day Monday, November 12, 2018
Thanksgiving Thursday, November 22, 2018
Thanksgiving* Friday, November 23, 2018
Christmas Eve** Monday, December 24, 2018
Christmas Tuesday, December 25, 2018
* In lieu of Election Day, the office will be closed the day after Thanksgiving,
Friday, November 23, 2018.
** In lieu of Lincoln’s Birthday the office will be closed Monday, December 24, 2018.
Holidays 2019
New Year’s Day Tuesday, January 1, 2019
Martin Luther King Jr.’s Birthday Monday, January 21, 2019
President’s Day Monday, February 18, 2019
Good Friday Friday, April 19, 2019
Memorial Day Monday, May 27, 2019
Independence Day Thursday, July 4, 2019
Independence Day** Friday, July 5, 2019
Labor Day Monday, September 2, 2019
Columbus Day Monday, October 14, 2019
Veteran’s Day Monday, November 11, 2019
Thanksgiving Thursday, November 28, 2019
Thanksgiving* Friday, November 29, 2019
Christmas Wednesday, December 25, 2019
* In lieu of Election Day, the office will be closed the day after Thanksgiving,
Friday, November 29, 2019.
** In lieu of Lincoln’s Birthday the office will be closed Friday, July 5, 2019.
Holidays 2020
New Year’s Day Wednesday, January 1, 2020
Martin Luther King Jr.’s Birthday Monday, January 20, 2020
President’s Day Monday, February 17, 2020
Good Friday Friday, April 10, 2020
Memorial Day Monday, May 25, 2020
Independence Day Friday, July 3, 2020
Labor Day Monday, September 7, 2020
Columbus Day Monday, October 12, 2020
Veteran’s Day Wednesday, November 11, 2020
Thanksgiving Thursday, November 26, 2020
Thanksgiving* Friday, November 27, 2020
Christmas Eve** Thursday, December 24, 2020
Christmas Friday, December 25, 2020
*In lieu of Election Day, the office will be closed the day after Thanksgiving,
Friday, November 27, 2020.
**In lieu of Lincoln’s Birthday the office will be closed Thursday, December 24, 2020.
Holidays 2021
New Year’s Day Friday, January 1, 2021
Martin Luther King Jr.’s Birthday Monday, January 18, 2021
President’s Day Monday, February 15, 2021
Good Friday Friday, April 2, 2021
Memorial Day Monday, May 31, 2021
Independence Day Monday, July 5, 2021
Labor Day Monday, September 6, 2021
Columbus Day Monday, October 11, 2021
Veteran’s Day Thursday, November 11, 2021
Thanksgiving Thursday, November 25, 2021
Thanksgiving* Friday, November 26, 2021
Christmas Friday, December 24, 2021
New Year’s Day 2022 ** Friday, December 31, 2021
*In lieu of Election Day, the office will be closed the day after Thanksgiving,
Friday, November 26, 2021.
**This is one of the 13 paid holidays for 2022.
In lieu of Lincoln’s Birthday each employee will be entitled to one floating holiday of their choice.
APPENDIX C
PART TIME STAFF SHALL RECEIVE
Sick Days Six per year accrued at a rate of one day per two months worked.
Vacation Ten days after completion of one year of employment (First year, one per month up to a total of ten, retroactive to date of hire upon completion of probationary period). Fifteen days after completion of ten years of employment.
Personal Day Two days per year – cannot be carried over to succeeding year.
Holidays All holidays as afforded the full time employees.
Medical Insurance Available to staff with weekly schedules of at least 30 hours.
APPENDIX D
SUMMER SCHEDULE July 9, 2018 – September 4, 2018
July 8, 2019 – August 30, 2019
July 6, 2020 – September 4, 2020
July 12, 2021 – September 3, 2021
APPENDIX E
HOLIDAY SCHEDULE 2018
8:00 a.m. – 4:30 p.m.: November 15, 16, 19, 20
8:00 a.m. – 1:00 p.m.: November 21
8:00 a.m. – 4:30 p.m.: December 26, 27, 30, January 2, 2019
8:00 a.m. – 1:00 p.m.: December 31
No Holiday Schedule for Christmas because we are off on Christmas Eve
2019
8:00 a.m. – 4:30 p.m.: November 21, 22, 25, 26
8:00 a.m. – 1:00 p.m.: November 27
8:00 a.m. – 4:30 p.m.: December 18, 19, 20, 23
8:00 a.m. – 1:00 p.m.: December 24
8:00 a.m. – 4:30 p.m.: December 26, 27, 30, January 2, 2020
8:00 a.m. – 1:00 p.m.: December 31
2020
8:00 a.m. – 4:30 p.m.: November 19, 20, 23, 24
8:00 a.m. – 1:00 p.m.: November 25
8:00 a.m. – 4:30 p.m.: December 28, 29, 30, January 4, 2021
8:00 a.m. – 1:00 p.m.: December 31
No Holiday Schedule for Christmas because we are off on Christmas Eve
2021
8:00 a.m. – 4:30 p.m.: November 18, 19, 22, 23
8:00 a.m. – 1:00 p.m.: November 24
No Holiday Schedule for Christmas and New Year’s because we are off on both Christmas Eve and New Year’s Eve
P/T – 27.5 Hours per week: 9:00 AM – 3:30 PM
9:00 AM – 12:30 PM
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