BOROUGH OF PINE BEACH
NEW JERSEY STATE
POLICEMEN'S BENEVOLENT ASSOCIATION
LOCAL NO. 253
January 1, 2013 through December 31, 2016
FINAL AGREEMENT- _____________ TABLE OF CONTENTS
ARTICLE TITLE PAGES
ARTICLE I RECOGNITION 4
ARTICLE II NEGOTIATION OF A SUCCESSOR AGREEMENT 5
ARTICLE III GRIEVANCE PROCEDURE 7
ARTICLE IV EMPLOYEE RIGHTS AND PRIVILEGES 11
ARTICLE V ASSOCIATION RIGHTS AND PRIVILEGES 12
ARTICLE VI WORK YEAR/WORK WEEK/WORK SCHEDULE 13
ARTICLE VII OVERTIME 14
ARTICLE VIII CALL BACK/COURT TIME 16
ARTICLE IX VACATION 18
ARTICLE X HOLIDAY PAY 19
ARTICLE XI SICK LEAVE 20
ARTICLE XII LEAVES OF ABSENCE 22
ARTICLE XIII EXTENDED LEAVE 23
ARTICLE XIV UNIFORMS 24
ARTICLE XV SALARY 25
ARTICLE XVI HEALTH BENEFITS 27
ARTICLE XVII MISCELLANEOUS PROVISIONS 33
ARTICLE XVIII DURATION OF AGREEMENT 34
THIS AGREEMENT, is made this day of ,
20____, between the BOROUGH OF PINE BEACH, hereinafter referred to as "the Borough"
and the NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION,
LOCAL 253 (Pine Beach), hereinafter referred to as "the PBA."
A. This Agreement is negotiated in order to establish the terms and conditions of
employment of all members of the Pine Beach Police Department, as classified in ARTICLE I
of this Agreement.
B. The Borough and the PBA recognize the importance of orderly, just and expeditions
esolution of disputes that may arise out of the interpretation, misinterpretation or
implementation of this Agreement, or any policies or regulations of the Borough. Both the
Borough and the PBA agree upon the grievance procedure in this Agreement for dealing with
C. The Borough and the PBA agree to accept the provisions of this Agreement as
commitments and will cooperatively support and seek to fulfill them in good faith.
A. Definition of Bargaining Unit
The Borough recognizes the P.B.A. Local 253 (Pine Beach) as the sole and exclusive
bargaining representative for all permanent full-time police officers below the rank of Chief,
for the purposes of representation and collective bargaining with regards to matters pertaining
to wages, hours, conditions of employment and any other provisions in this Agreement.
B. Definition of Employee
Unless otherwise indicated, the term "employee" when used hereinafter in this
Agreement, shall refer to all employees represented by the P.B.A. in the bargaining unit as
above defined and references to male employees shall include female employees.
NEGOTIATION OF SUCCESSOR AGREEMENT
A. Policy Changes
Consistent with Chapter 123, P.L. of N.J. 1975, the Borough will not affect any
changes in policy concerning terms and conditions of employment, except those that are
negotiated and included as part of this Agreement,
B. The Borough agrees to initiate negotiations with the P.B.A. over a successor
agreement, no later than 120 days prior to the expiration of the current Agreement. Any
successor agreement will apply to all members of the Police Department, listed in Article I,
Section A., and will be reduced in writing and signed by representatives of the Borough and
C. Negotiations will commence within fifteen (15) days of receipt by the Borough of a
proposal to negotiate from the P.B.A., unless otherwise agreed upon by the Borough and the
P.B.A.. During negotiations, either the Borough or the P.B.A. may use the services of outside
consultants or lay representatives at any time to assist in negotiations.
D. If members of the P.B.A. bargaining unit are required to participate in conferences or
negotiation meetings during their working hours, they will suffer no loss in pay. In the event
this situation does occur, arrangements for Police coverage during the conference or
negotiations meetings, will be made by the party on duty. This provision shall not apply to
meetings set and conducted by the bargaining unit for planning or discussion without
concurrent participation by the Borough.
This Agreement shall not be modified in whole or in part unless agreed upon by both
the Borough and the P.B.A. Any modification will be in writing and signed by both parties.
F. Unless specified in writing, nothing in this Agreement shall be interpreted or applied
to eliminate, reduce, or retract from an employee, any benefit that existed prior to its effective
1. A "grievance" is a claim by an employee or the P.B.A. based upon the
interpretation, application or violation of this Agreement, policies or administrative
decisions affecting a Patrolman or a group of Patrolmen.
2. The "aggrieved person" is the person, persons, or the P.B.A. on whose behalf
the claim is made.
The purpose of this procedure is to secure, at the lowest possible level,
equitable solutions to the problems which may from time to time arise,
affecting employees. Both parties agree that these proceedings will be kept as
informal and confidential as may be appropriate at any level of the procedure,
1. Time Limits: The number of days indicated at each level should be considered as a
maximum and every effort should be made to expedite the process. The time limits specified,
may however be extended by mutual agreement. In computing any period of time called for
in this Article, the day of the act or event from which the period begins to run is not to be
included. The last day of this period is to be included, unless it is a Saturday, Sunday or a
legal holiday in which event the period runs until the end of the next day which is neither a
Saturday, Sunday nor legal holiday. In computing a time of less than seven (7) days,
Saturday, Sunday and legal holidays shall be excluded.
2. Thirty (30) days from the date of occurrence shall be the time limit to institute
3. Level One: A member with a grievance shall first discuss it with his
immediate supervisor, either directly or through the P.B.A's designated
representative, with the objective of resolving the matter informally.
4. Level Two: If the aggrieved person is not satisfied with the disposition of
his grievance at Level One, or if no decision has been rendered within five (5) days
after the representation of the grievance, he may file the grievance in writing with the
P.B.A within five (5) days after the decision at Level One or ten (10) days after the
grievance was presented, whichever is sooner. Within five (5) days after receiving the
written grievance, the P.B.A. shall refer it to the Borough Personnel Committee.
(A) If the aggrieved person is not satisfied with the disposition of his
grievance at Level Two, or if no decision has been rendered within ten (10) days after
the grievance was delivered to the Borough, he may within five (5) days after a
decision by the Borough or fifteen (15) days after the grievance was delivered to the
Borough, whichever is sooner, request in writing that the P.B.A. submit its grievance
to arbitration. If the P.B.A. determines that the grievance is meritorious, it may
submit the grievance to arbitration within fifteen (15) days after receipt of a request
by the aggrieved person.
(b) Within ten (10) days after such written notice of submission to
arbitration, the Borough and the P.B.A. shall attempt to agree upon a mutually
acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If
the parties are within the specified period, a request for a list of arbitrators may be
made to the Public Employment Relations Commission (PERC) by either party. The
parties shall then be bound by the rules and procedures of PERC in the selection of an
(c) The arbitrator so selected shall confer with representatives of the
Borough and the P.B.A., hold hearings promptly and shall issue his decision not later
than twenty (20) days from the date of the close of the hearings or, if oral hearings
have been waived, then from the date the final statements and proofs on the issues are
submitted to him. The arbitrator's decision shall be in writing and shall set forth his
findings of fact, reasoning and conclusions on the issues submitted. The arbitrator
shall be without power or authority to make any decision which requires the
commission of an act prohibited by law or which is a violation of the terms of this
Agreement. The arbitrator can add nothing to, subtract from, nor modify the terms of
the Agreement between the parties. The decision of the arbitrator shall be submitted
to the Borough and the P.B.A. and shall be final and binding on both parties.
(D) In the event that arbitrability of a grievance is at issue between the
parties, jurisdiction to resolve the issue shall rest solely with the arbitrator selected in
accordance with the provisions of Section C.5 (B) of this Article.
(E) The cost for services of the arbitrator, including per diem expenses, if
any and actual and necessary travel, sustenance expenses and the cost of a hearing
room shall be borne equally by the Borough and the P.B.A.. Any other expenses
incurred shall be paid by the party incurring same.
D. Rights of Employee and P.B.A. to Representation
Any aggrieved person may be represented at all stages of the grievance procedure by
himself, or at his option, by a representative(s) selected or approved by the P.B.A.
When an employee is not represented by the P.B.A., the P.B.A. shall have the right to
be present and to state its view at all stages of the grievance procedure.
No reprisals of any kind shall be taken by the Borough or by any member of the
administration against any party in interest, any representative, any member of the
Association or other Association, or any other participant in the grievance procedure
by reason of such participation.
If, in the judgment of the P.B.A., a grievance affects a group or class of
Patrolman, the P.B.A. may submit such grievance in writing to the Chief of Police
and the Borough and the processing of such grievance shall be commenced at Level
Two. The P.B.A. may process such a grievance through all levels of the grievance
procedure, even though the aggrieved person does not wish to do so.
EMPLOYEE RIGHTS AND PRIVILEGES
A. Pursuant to Chapter 123, Public Laws 1975, the Borough agrees that every employee
shall have the right freely to organize, join and support the P.B.A. and its affiliates, for the
purpose of collective negotiations or any of its other activities.
B. Nothing in this Agreement shall be construed to deny or restrict any rights any
employee may have under New Jersey law or any other applicable law. The rights granted to
employees in this Agreement will be considered to be in addition to those provided
C. No employee will be disciplined, reprimanded, reduced in rank or compensation
without just cause. Any such action taken by the Borough or any of its agents or
representatives will not be made public and shall be subject to the grievance procedure as
provided for in this Agreement. Any suspension and/or dismissal of any employee shall be in
accordance with N.J.S.A. Title 40A.
D. All reprimands will be removed from an employee's personnel file after one (1) year
provided that there has been no subsequent reprimand during that one (1) year period.
ASSOCIATION RIGHTS AND PRIVILEGES
A. The Borough agrees to provide the P.B.A. with any and all documents or information
that is available to the public or the P.B.A. as required by law for the purpose of processing
any grievance or complaint received by the P.B.A. The Borough will also provide any and all
documents that pertain to the budgets and finances of the Borough as provided for by law and
public information for the purpose of negotiating Agreements. The duties of the Borough in
this regard are to respond to requests made by the P.B.A. for the production of the
documentation referenced above.
B The Borough will provide necessary time off with pay to a duly authorized
representative of the P.B.A. to attend the State and National conventions of the Patrolman's
Benevolent Association, as provided in N.J.S.A. 40A:14-177. The parties understand no
more than one (1) officer of the P.B.A. from the Borough of Pine Beach will be provided
with this time off with pay for each such convention.
WORK YEAR/WORK WEEK/WORK SCHEDULE
A. Work Year
The work year for employees shall be from January 1 to December 31.
B. Work Week
The work week for employees will be five (5) consecutive days, each consisting of
a eight (8) hour shift, with the following two (2) days off. Any change must be
agreed upon by the employee
C. Daily Work Schedule
1. The work schedule for employees will be posted no later than seventy-two (72)
hours prior to implementation.
2. The employee's shift will be eight (8) hours per day, including a thirty (30)
minute meal period. All employees scheduled to work shall be advised of a regular
starting and quitting time. Any involuntary change shall be subject to Article III of this
3. A clean up period of fifteen (15) minutes will be granted prior to the end of the of the
1. Overtime will paid at the rate of time and one half the employee's regular
hourly rate of pay for all time worked, including training in excess of forty (40) hours
in any work week. For the purpose of determining overtime, the following shall count
as regular work days:
(D) Other Approved Paid Leaves
2. Overtime shall be offered to all regular members of the Department first, by
order of seniority on a rotating basis.
B. Compensatory Time
1 Employees may, at their option, elect to receive compensatory time off in lieu
of overtime compensation. Compensatory time shall be computed in the same manner
as overtime compensation; that is, one and one half hours of compensatory time for
each hour worked.
ARTICLE VII CONT.
2. An employee shall notify the Chief of the appropriate Borough official in
charge of Police time records no later than forty-eight (48) hours after the overtime is
worked that he/she is electing to receive compensatory time in lieu of overtime
compensation. In the absence of such notice, the employee will receive overtime
compensation pursuant to normal payroll procedure.
3 The scheduling of compensatory time off shall be subject to the approval of the
Chief, based upon the needs of the Department. Such approval shall not be
4, Any unused compensatory time remaining as of December 31 or not scheduled
to be utilized by December 31 of each calendar year shall be paid to the Officer as
overtime in the last paycheck of that calendar year.
CALL BACK/COURT TIME
A. Call Back
Any employee called to return to work outside his/her regularly scheduled shift shall
be paid a minimum of time and one half per hour and shall be paid a minimum of three (3)
B. Court Time
Officers will be paid a minimum of three (3) hours overtime when Court appearances
are required on what is normally his/her off duty hours.
ARTICLE IXA. Eligibility
1. Vacation eligibility will be determined in accordance to guidelines established
by department S.O.P.'s. Vacation requests will not be unreasonably denied, if
submitted at least seventy-two (72) hours prior to the requested time off. Officers
will not be required to submit a minimum number of days off and will not be
required to take time off in block days.
2. Vacation requests will be considered on a seniority basis, if submitted before
March 31st. Vacation requests submitted after March 31st will be approved on a
date and time submitted basis.
B. Vacation Schedule
1. During the first year of employment, an employee will receive one (1) day's
vacation for each completed month of service.
2. All other employees shall receive vacation January 1 of each year as follows:
2 to 4 Years of Service .............................................. 12 Days
5 to 9 Years of Service .............................................. 15 Days
10 to 14 Years of Service ........................................... 20 Days
15 to 19 Years of Service ........................................... 25 Days
20 Years of Service ................................................... .26 Day
For each additional year over twenty (20), one (1) additional day will be added per year.
3. All earned vacation time must be used no later than two (2) years from the date
of accumulation. Any vacation not utilized by the employee shall be waived,
unless the employee was unable to use the time due to being unreasonably denied
by the Employer.
4. Non retirement termination or leave:
It is understood that all annual leave is credited as of January 1 of each calendar year. In the event that an officer leaves employment with the borough other than for retirement, to include disability retirement all leave from the current year will be prorated over a 12 month period. This proration shall not apply to any time previously earned and banked by the employee.
A. The holidays listed below in this Agreement will be considered paid holidays and will
be payable on November 30 of each year.
B. If any employee is scheduled to work on any of the listed holidays, he/she will be
Compensated at the rate of time and one half his/her hourly rate of pay for the time worked.
C. The following days will be recognized as Holidays:
New Year's Day Veteran's Day
Lincoln's Birthday Thanksgiving Day
Washington's Birthday Christmas Day
Good Friday Martin Luther King Day
Easter Sunday New Year's Eve
Memorial Day Election Day
Independence Day Labor Day
A. Sick Time
Every officer shall receive credit for fifteen (15) sick days per year
Officers may use their sick days for family illness. Family illness is defined as domestic partner , wife or child/s sick.
B. Retirement or Separation
1. Accumulated sick days will be paid to the employee on a fifty/fifty (50/50)
basis at the employee's rate of pay at the time of separation or retirement from the
Borough. Payments will be made by Borough check.
2. At the employee's discretion, payment at the current rate of pay shall be given
by the Borough to the employee on a fifty/fifty (50/50) basis for any sick days
accumulated by the employee. The employee must accumulate fifteen (15) sick
days before selling any back.
3. At the employee's discretion, sick time accumulated up to the time of
retirement may be converted into vacation time and used for early retirement on a
one (1) for one (1) basis.
4. The amount of accumulated sick time shall be capped at 110 days.
5. It is agreed that if any employee leaves employment with the Borough other than for the reason of retirement that any leave which is accumulated within that calendar year shall be prorated by dividing the number of said days by 12. This shall only be applicable to the leave earned and credited within that calendar year and will not include any saved accumulated leave from prior years, which shall be payable under any applicable terms elsewhere in this agreement.ARTICLE XII
ARTICLE XI CONT.
LEAVES OF ABSENCE
1. Upon notification to the Chief of Police, an employee shall be granted five (5)
days leave with pay for a death in the immediate family.
2. "Immediate family" shall be defined as mother, father, grandparent, brother,
sister, spouse and children of either spouse.
3. For family not listed in Section Al., the employee shall make his/her
individual request to the Chief of Police. Pursuant to Section A.1., of this Article, the
Chief shall then make a recommendation to the Borough for leave regarding other
4. Up to five (5) additional days may be granted subject to the approval of the
B. Personal Leave
Each Officer will be given three (3) days of personal leave per year for personal
reasons or religious observation.
The Borough will grant compensation up to one (1) year to any officer who due to
illness or injury sustained on the job or job related is prevented from working.
A. Each Officer shall receive an annual allowance of $1700.00 to be used for
purchases/ replacement of uniforms and for uniform cleaning. Said allowance shall be
paid by the Borough to each officer by April 30th of each calendar year.
B. Every new Officer will be issued an amount necessary to equip him/her in proper
uniform as per Department rules and regulations
C. Uniforms damaged during and while performing normal police duty, other than
normal wear, shall be replaced by the Borough upon receipt of damaged uniform or
equipment and approval of the Chief of Police.
D. The Borough shall supply all weapon maintenance for all weapons issued by the
Department or required to be used by the employee for his/her work at no cost to the
E. The Borough shall replace one (1) bullet proof vest per year.
A. Employees shall receive annual salaries according to the following steps:
Academy Step_______________ Effective for officers hired without Basic Police Officer Certificate
Step One Starting First Year or upon successful completion of Academy
Step Two ____________________ Starting Second Year
Step Three Starting Third Year
Step Four Starting Fourth Year
Step Five Starting Fifth Year
Step Six Starting Sixth Year
Step Seven Starting Seventh Year
Step Eight___________________ Starting Eighth Year
Step Nine____________________ Starting Ninth Year
Step Ten____________________ Starting Tenth Year
Step Eleven__________________ Starting Eleventh Year
Step Twelve__________________ Starting Twelfth Year
B. Employees shall receive annual salaries as follows:
Effective Effective Effective Effective
01/01/2013 01/01/2014 01/01/2015 01/01/2016
Academy $27,000 $27,000 $27,000 $27,000
Step 1 $35,000 $35,000 $35,000 $35,000 Step 2 $38,832 $38,832 $38,832 $38,832
Step 3 $42,664 $42,664 $42,644 $42,664
Step 4 $46,496 $46,496 $46,496 $46,496
Step 5 $50,328 $50,328 $50,328 $50,328
Step 6 $55,674 $56,787 $57,922 $59,081
Step 7 $59,612 $60,804 $62,021 $63,261
Step 8 $63,552 $64,823 $66,120 $67,442
Step 9 $67,491 $68,841 $70,217 $71,621
Step 10 $71,603 $73,036 $74,496 $75,986
Step 11 $75,370 $76,877 $78,415 $79,983
Step 12 $79,307 $80,892 $82,510 $84,160
ARTICLE XV CONT.
Sergeant Salary: Effective January 1, 2013, shall receive $7,000.00 above the Step 12 patrolman's salary.
Detective Position: Effective January 1, 2013 the position of detective shall receive $500.00 above the step the patrolman is currently
at. This position is optional and will be appointed upon the recommendation of the chief and approval of the Mayor/Council.
Ptl. R. Risden will go from step 6 of the 2012 agreement to step 10 due to the salary adjustment of the new 2013 agreement
Det. J. York will go to step 12 of the 2013 agreement salary guide.
Ptl. N. Balista will go to step 12 of the 2013 agreement salary guide.
Sgt. K. Brown will go to step 12 of the 2013 agreement salary guide
A. The Borough shall provide to the employee and eligible dependents, Blue Cross/Blue
Shield, Rider J and Major Medical coverage at the present series in effect, with premiums
being paid by the Borough. All employees will pay through payroll deduction, the required
percentage of contribution as indicated in appendix A of this article, which shall satisfy the
requirements under existing state law. It is understood that as per state law that contribution
amount will be based off of the percentage of the actual cost of benefits to coincide with the
salary scale in the attached appendix A. . It is understood that current state law regarding
appendix (A) sunsets in year 2015, prior to reaching maximum contribution levels. For the
year 2016 and until and unless other terms are negotiated the health benefits contribution shall
remain at the levels set in the year 2015. This amount may not be changed without
negotiation. The Borough with notice to the employees, may substitute different coverage
which is equivalent to the existing plan, but any change must be approved by the employees.
Appendix A – Health Benefit Contribution Schedules (1 of 3)
The following three tables are used to determine the percent of the health benefit cost an employee contributes towards during the phase-in period. The tables cover single, employee “plus” (children, spouse, or partner), and family coverage.
Use the table that reflects the type of coverage chosen by the employee; then find the employee’s base salary within the given ranges. The percent of cost of the health care benefit is the percentage based on the implementation year.
Regardless, the employee’s contribution is the higher of 1.5% of base salary or the amount of health care costs based on the table calculation.
less than 20,000
95,000 and over
Appendix A – Health Benefit Contribution Schedules (2 of 3)
less than 25,000
110,000 and over
Appendix A – Health Benefit Contribution Schedules (3 of 3)
MEMBER/SPOUSE/PARTNER OR PARENT/CHILDREN COVERAGE
less than 25,000
100,000 and over
B. Dental Plan
The Borough shall provide at no cost to the employees and their spouse, a dental
coverage plan. The Borough may, with notice to the employees, substitute different coverage
which is equivalent to the existing plan, but any change must be approved by the employees.
C. Disability Plan
The Borough agrees to provide a disability plan (State Disability or its equivalent) to
all employees, with the cost of the plan to be split 50/50 between the Borough and the
A. Any individual •contract between the Borough and any individual employee executed
before or after the Agreement shall be subject to and consistent with the tails and conditions
of this Agreement.
B. All benefits and practices that were in effect prior to the time of this Agreement shall
continue to be in effect for its duration unless specifically changed by this Agreement.
C. In the event any provision of this Agreement is ruled upon by any Court of competent
jurisdiction or any public agency vested with jurisdiction to rule upon and found to be illegal,
that provision will be discontinued. All other provisions of the Agreement shall remain in full
force and effect In the event a provision is found to be illegal, the Borough agrees to sit down
and negotiate a legal replacement for the illegal provision only, as no other provision may be
D. The employer shall provide false arrest insurance covering the employee at no cost to the employee.
A. The provisions of this Agreement will be a bind ing obligation to both parties for its duration. In the event that a successor Agreement is not reached by the expiration of the current Agreement, all provisions of the current Agreement will continue in full force and effect unti l a successor Agreement is placed in writing and signed by both parties. Any provision, policy, rules or regulations of the Borough or the P.B.A that is i n conflict with any provision of this Agreement will be superseded and replaced by this Agreement. Any changes to pre-existing policy, rules or regulations will not be retroactive unless so stated. This Agreement may be amended only in writing by mutual consent of both parties.
B. This Agreement shall be effective as of January l, 2013 and shall continue until
December 31, 2016 subject to the P.B.A.'s right to negotiate for a successor Agreement.
In witness whereof, the parties have caused this Agreement to be signed by their respective
Borough of Pine Beach
Lawrence W. Cuneo, Mayor
Charlene Carney, Borough Clerk
Beachwood Pine Beach PBA Local 253
Sean Langan, President PBA 253
Det. Jason C. York, Pine Beach Police Dept.