| Hunterdon supervisors CWA 2004 to 2006|
THE COUNTY OF HUNTERDON
COMMUNICATIONS WORKERS OF AMERICA
January 1, 2004 through December 31, 2006
TABLE OF CONTENTS
Adherence to Department of Personnel Rules Article 6 11
Copies of Minutes Article 25 42
Discrimination and Discipline Article 21 36
Donated Sick Leave Program Article 29 46
Duration of Agreement Article 31 50
Economy Layoffs Article 23 39
Employee Assistance Article 26 43
Employee Evaluations Article 27 44
Employee's Expenses Article 16 29
Employee Facilities Article 17 32
General Provisions Article 30 49
Grievance Procedure Article 24 40
Health and Safety Article 18 33
Holidays Article 11 20
Hours of Work Article 8 13
Job Classifications, Vacancies, Promotions
and Title Changes Article 20 35
Jury Duty Article 14 26
Leaves of Absence Article 13 24
TABLE OF CONTENTSArticle # Page #
Management Article 3 7
Medical and Other Benefits Article 15 27
Overtime Article 10 18
Payroll Deductions Article 2 6
Personnel Files Article 22 38
Promotions and Demotions Article 28 45
Responsible Union-Employer Relationship Article 4 8
Rights and Privileges of the Union Article 5 9
Rules of the Employer Article 7 12
Scope of Agreement and Bargaining Unit Article 1 4
Unscheduled Closing Article 19 34
Vacations Article 12 21
Wages Article 9 15
APPENDIX A 51 ARTICLE 1
SCOPE OF AGREEMENT AND BARGAINING UNIT
THIS AGREEMENT is made effective retroactive to January 1, 2004, between the Communications Workers of America (CWA), hereinafter referred to as the Union, and the County of Hunterdon, hereinafter referred to as the Employer.
The Employer acknowledges that it has ascertained that C.W.A. represents a majority of the employees set forth in the bargaining unit, and is, therefore, legally entitled to recognition by the Employer as the sole and exclusive bargaining representative of the employees in the bargaining unit.
A. The Bargaining Unit:
The appropriate bargaining unit shall consist of certain supervisory employees, as listed in Appendix A, of the County of Hunterdon:
1. Supervisors (Foreman) of the roads, bridges, traffic construction and mechanics crews, Buildings and Maintenance Departments, Supervising Communications Operators and Supervising Librarian, Principal Librarian, and Principal Library Assistant.
2. Covered in the Division of Social Services are the Supervising Clerk Transcriber, Family Service Supervisors, but excluding all other employees including Supervisor of Accounts, which will become a bargaining unit title effective January 1, 2005 with a minimum salary of $30,000.
3. The Head Nurse (if position is reinstituted) and the Food Service Manager in the County Jail.
Specifically excepted are employees of the Board of Elections, Board of Parks and Recreation Commissioners, Jail employees (except for the Head Nurse and the Food Service Manager), Senior Training Technician in the Division of Social Services, Sheriff's Officers-Law Enforcement, County Detectives-Prosecutor's Office, Department Heads, any appointed or elected officials, Assistant County Engineer, Road Supervisor, Assistant County Road Supervisor(s), Assistant Director of Maintenance Services, Chief Sanitary Inspector or any employee the Parties agree is in a confidential position whose work is involved solely in the labor relations process. Also specifically excepted are all employees who are covered by the Collective Bargaining Agreements between the County and the Non-Supervisory units represented by the CWA, and the County and other units covered by other Unions.
There are Department of Personnel titles which include the adjective "Supervisor" or "Supervisors" which are not included in this Agreement. Both the Union and the County must agree before additional titles are included in this Agreement. Generally speaking, only individuals who actually supervise subordinates are included in this Agreement.
B. Employee(s) Defined:
Unless otherwise indicated, the terms "employee" and "employees" when used in this Agreement refer to all persons represented by the Union in the above-defined bargaining unit.
C. Additions and Modifications to the Negotiating Unit:
This shall not preclude the addition of new titles which shall be negotiated only as to unit placement and salary at the time the new titles are established. The content of job descriptions shall not be negotiated and shall be the Employer's prerogative solely and exclusively to determine without negotiations with the Union. Failure of the Employer and the Union to agree on the unit placement and salary for the position title shall not delay the filling of the position and the payment of the employee(s) serving therein.
It is understood and agreed between the parties that any party has the right under law to file a clarification of unit petition, should circumstances require. The parties are free and encouraged to resolve any disputes as to the composition of the unit between themselves.
A. Dues Check off:
The Employer will deduct current uniform dues of employees who are members of the Union beginning with the next pay period following receipt of a duly executed form acceptable to the Employer. Such authorization may only be revoked upon thirty (30) days notice prior to July 1. Monthly, the Employer will forward a list of all employees hired or terminated during the preceding month.
It shall be the sole obligation of the Employer to remit sums deducted to the Secretary-Treasurer of the Union by the fifteenth (15th) of the month following the month in which it deducts them, with a list of those employees for whom the deductions have been made. Information included for each Union employee shall include, name, job title, department, salary, hours, and dues deducted.
The Union shall hold the Employer harmless against all claims, demands or other forms of liability that may arise out of the Employer's deducting sums as Union dues pursuant to this Article.
B. CWA Savings and Trust Fund:
The County shall implement a payroll deduction program for the CWA Savings and Trust Fund. Implementation shall be as provided by law in the case of dues deduction and as specified in a separate agreement between the County and the Union. The Union shall hold the County harmless to the same extent required of dues deduction as set forth above.
It is mutually understood and agreed that the Employer has the prerogatives of management in the direction of the employees including, but not limited to, the rights of hiring, suspending, discharging in accordance with Department of Personnel rules; promoting, transferring, scheduling to determine the standards of services to be offered by its agencies, take necessary actions in emergencies, determine the standards of selection for employment, maintain the efficiency of its operations, technology of performing its work, determine the methods, means and personnel by which its operations are to be conducted, determine the content of job classifications, subject to Department of Personnel Regulations and any other applicable law or provision of this Agreement.
RESPONSIBLE UNION-EMPLOYER RELATIONSHIP
Each party agrees that in the discharge of their rights and responsibilities under this contract, that they will deal with, and treat each other, within the accepted standards of common decency, courtesy, and respect.
RIGHTS AND PRIVILEGES OF THE UNION
A. Union Representatives:
1. The Union shall designate such members of the Union as it deems reasonably necessary as Union Representatives, who shall not be discriminated against due to their legitimate Union activity.
2. The Union shall provide the Employer with a list of all Union Representatives, who are employees of the County, and will notify the Employer within thirty (30) days if any changes occur.
B. Visits by Authorized Union Representatives:
No more than two Authorized representatives of the Union shall have the right to enter upon the premises of the County during working hours, for the purpose of conducting normal duties relative to the enforcement and policing of this agreement.
The approval of the Department Head of the area to be visited must be obtained in advance. Such visits shall not interfere with proper service to the Public.
C. Union Representatives - Negotiations, Conferences, Meetings:
1. Designated Union representatives shall be permitted to participate in negotiations, conferences or meetings with Management. In the event the Employer schedules negotiations, conferences or meetings during normal working hours not more than one (1) employee per Department, may participate with no loss of pay.
2. The Union may utilize meeting rooms after normal business hours for local membership meetings when those rooms are not otherwise in use, provided there is no additional cost or expense to the County. Prior notice of the use of a room shall be provided to the County Administrator.
3. Representatives authorized by the Union may, upon five (5) days advanced written notice, be excused from duty to attend Union conferences or conventions. The requirement of five (5) days advanced written notice may be waived by the Employer.
4. Permission will be granted when absence from work will not interfere or interrupt normal operations of the service. No more than seven (7) days per year (aggregate total of individual days off), shall be allowed under this provision. No more than four (4) of these days (aggregate total of individual days off) are to be used for the Division of Social Services. In the event the Union President is a member of the Supervisor's Bargaining Unit, the time off provision for attending Union conferences, training sessions, and State or National meetings shall be twelve (12) days per year, (aggregate total of individual days off). Unused days shall not be accumulative and any unused days shall be canceled at the end of the calendar year.
D. Use of Facilities and Equipment:
1. Reasonable use of telephone and telefax equipment shall be permitted, limited to calls necessary for legitimate Union business required to be performed during normal business hours.
2. The Union may use mailboxes and designated bulletin boards.
3. Should the representatives of the Union or the Union itself, cause any malicious damage to any facility or equipment owned by the County, the Union hereby agrees to either repair such facility or equipment at its own cost or to reimburse the County for the reasonable cost to repair said facility or equipment.
E. Information Made Available:
The Employer agrees to make available to the Union all public information concerning the financial resources of the County, together with information which may be necessary for the Union to process any grievance or complaint.
F. Employee Representatives Who Are To Be Present At Negotiations:
1. No more than three (3) employees and an attorney or Union Representative shall appear and negotiate for Local 1035. However not more than one person shall be from any one department. One (1) additional employee may attend negotiations when matters under discussion involve a subject area with which that employee has special knowledge, or when the issue involves a department or group of employees with whom the designated employee is associated.
2. There shall be no limit as to the composition of an employee negotiating committee, if the negotiating sessions are conducted after working hours.
ADHERENCE TO DEPARTMENT OF PERSONNEL
The Employer and the Union understand and agree that all Rules promulgated by the New Jersey Department of Personnel shall be binding upon both parties.
RULES OF THE EMPLOYER
All rules and regulations promulgated by the Employer for the proper and efficient operation of the Public Service shall be duly and conspicuously placed.
A copy of all new rules and regulations promulgated by the Employer will be given to the Union. Failure to give the Union a copy will not affect the validity of the rule or regulation. The time limit to challenge the rule's validity will begin upon the Union's receipt of a copy of the rule or regulation.
All CWA covered Jail (Correctional) Employees must comply with all policies and procedures of the Department, including rules of conduct.
HOURS OF WORK
It is understood by the Parties that the hours of work in existence at the time of this Agreement for all departments shall remain in full force and effect until mutually changed. Either party reserves the right to request a change in working hours. This request will be subject to negotiations.
COUNTY EMPLOYEES WORKING 40 HOURS
ROADS AND BRIDGES
Work Week: Monday through Friday
7:30 a.m. - 4:00 p.m. - 1/2 Hour Lunch
Work Week: Monday through Friday
Shift 1: 6:30 a.m. - 3:00 p.m. - 1/2 Hour Lunch
Shift 2: 3:30 p.m. - 12:00 a.m. - 1/2 Hour Lunch
Supervising Maintenance Repairers and Supervising Heating and Air Conditioning Mechanics shall work Monday through Friday starting at 8:00 a.m., and working until 4:30 p.m. with one-half (1/2) hour for lunch.
The hours of work for the Supervising Communications Operator shall be five (5), eight (8) hour week days. Start and quit times to be designated by the department head.
DIVISION OF SOCIAL SERVICES
1. Employees will work thirty-five (35) hours during the normal work week, Monday through Friday, 8:30 a.m. to 4:30 p.m. with one (1) hour unpaid for lunch. Lunch hours shall be taken according to schedules as established.
2. Employees who work beyond thirty-five (35) hours in a work week shall be entitled to overtime compensation as provided in Article 10.
The Hours of Work for the Head Nurse and Food Service Manager shall be five (5) eight (8) hour work days. Start and quit time to be designated by the department head.
FLEXIBLE WORK HOURS
The starting time for the Roads and Bridges Department may be changed with the unanimous consent of affected employees under the following conditions:
1. The Union shall receive notice by 12 o'clock noon the day before of any change. The Union will designate who to contact for each work area.
2. Flex-time will not be utilized in the Roads and Bridges for snow removal duties.
3. No crew will start earlier than 5:30 a.m. nor later than 7:30 a.m.
Supervisors are entitled to reasonable breaks during the workday. Before leaving for a break the Supervisor will make provisions, by making appropriate work assignments to his/her subordinates, to insure there is no interference with the efficient accomplishment of the work for which they are responsible. Supervisors who work with their employees as a unit shall schedule the unit break time so that it does not interfere with productivity and they shall take their breaks with their crews.
CWA covered Jail (Correctional) Employees cannot leave the premises during break time.
A. Wage Increases shall be contingent on the following:
1. Each employee who has been evaluated as satisfactory for the preceding evaluation year, shall receive the salary increase negotiated for the succeeding year.
1.1 An evaluation system will now be utilized for all other supervisors so that if any supervisor receives two unsatisfactory evaluations in an evaluation year, they will not be given the negotiated salary increase.
2. An employee who has been evaluated as unsatisfactory for the preceding evaluation year shall receive no salary increase in the subsequent year. The employee's rate of pay will be unchanged and continued for the succeeding year.
3. If an employee is evaluated unsatisfactory, and receives no salary increase the following January 1, they shall remain at the same step and range on the salary guide. The employee will continue to receive their previous year's salary even if it is below the salary for their step and range listed on the salary guide. Lost increments (or pay increases) are not restored or recovered in subsequent years.
4. When a member of the non-supervisory unit is promoted to a supervisory position their salary would be set at Step 1 or such higher step as necessary so that they receive no less than a 10% pay increase; however, the salary shall be set no greater than step 10.
Wages shall be paid as hereafter set forth:
(a) Prior to any across the board increases, the following employees will receive a one-time salary adjustment of $1,500:
(a) Prior to any across-the-board wage increases, the following special salary adjustments will be made on January 1, 2004:
(b) On January 1, 2004, all employees shall receive a 4% increase in annual base salary or $2,300, whichever is greater.
2. Calendar Year 2005:
3. Calendar Year 2006:
On January 1, 2005, all employees shall receive a
4% increase in annual base salary or $2,200, whichever is greater.
On January 1, 2006, all employees shall receive a
4.25% increase in annual base salary.
The County will pay employees on a bi-weekly basis during the calendar year. Each employee will receive their annual salary in 26 installments based upon the following schedule:
YEAR FIRST BI-WEEKLY PAY DATE NO. OF PAYS
2003 1/3/03 26 pays
2004 1/2/04 27 pays
2005 1/14/05 26 pays
Each employee will receive their entire annual salary within the calendar year.
D. Payment for Overtime
Payments for overtime work authorized and worked within the pay period shall be paid on the payday for the succeeding period.
Employees who, as of January 1 of the year, have been employed more than twenty (20) full calendar years of employment will receive additional longevity salary of one thousand five hundred dollars ($1,500).
Any employee who has been continuously employed by the County for at least fifteen (15) full calendar years but less than twenty (20) shall receive additional longevity salary payment of $750. Longevity is an addition to annual pay and does not result in a permanent adjustment to base salary.
A new Supervisory Longevity Program (SLP) shall become effective on January 1, 2001. The details of the SLP are as follows:
Any supervisor who had completed, as of December 31 of the previous year, at least one full year of service as a county supervisor shall be eligible for the supervisory longevity program.
For each full year of service as a county supervisor that the employee has completed as of December 31 of the previous year, the employee shall have an additional longevity amount of $125 added to his/her salary. This shall not be added to annual base salary but shall be paid out in equal amounts with each paycheck.
All time served in a county supervisory position shall be counted in determining the total number of years served.
Buildings and Maintenance Department
Building and Maintenance Department employees (Schedule C-1 titles) whose majority of hours on their regularly scheduled shifts are after 4:30 p.m. and before 7:00 a.m., shall receive shift differential of fifty cents (.50) per hour for all hours worked.
CWA Jail (Correctional) Employees
COOKS: Ninety cents (.90) shift differential will be paid for all hours worked prior to 8:00 a.m. No shift differential is paid for hours worked between 8:00 a.m. and 4:00 p.m. Eighty cents (804) shift differential will be paid for all hours worked after 4:00 p.m.
A. Overtime Rates:
1. ROADS AND BRIDGES DEPARTMENT - The overtime rates of all overtime worked shall be one and eight tenths (1.8) times the employees' hourly wage. This shall apply to all employees of the Roads and Bridges Department covered by this Agreement.
2. OTHER EMPLOYEES - The overtime rates of all other employees shall be one and one-half (1.5) time the employee's hourly wage for each hour worked beyond forty (40) hours.
B. Minimum Guarantee:
In addition, any employee required to work overtime shall receive a minimum of two (2) hours pay at the appropriate rate if the time worked is less than two (2) hours, with two exceptions: Exception 1: an employee required to remain working and continue beyond his regularly scheduled shift. Exception 2: an employee who receives at least forty-eight (48) hours advance notice of an overtime assignment involving an early call-in, which requires the employee to work through and into his/her regular shift. Employees who are covered by either Exception No. 1 or Exception No. 2, shall be paid at the overtime rate for the actual hours worked only.
C. Method of Compensation (except Communications Operators):
1. All employees shall be compensated for overtime worked:
(a) In certain situations wherein overtime is required, but budgetary considerations make payment for overtime impossible, employees may be asked to accept overtime on a voluntary basis to be paid in compensatory time at the above rates.
(b) Employees may elect to be paid in compensatory time at the above rates for overtime worked. Such compensatory time may be only accrued up to a maximum of forty (40) hours in a calendar year. Also, employees may use only up to 40 hours in a calendar year. Any overtime worked once an employee has earned 40 hours of compensatory time in a calendar year, must be paid in pay. This provision shall not apply to Library employees who work overtime on
2. The 40 hours accrued for use at a later date may be taken in block form or on a day-to-day basis, and shall be scheduled in advance in the same manner as Vacation. If workloads do not permit the use of compensatory time when requested, the employee may elect to accept payment or to continue to carry the time on the books.
Should an employee's service terminate, unused earned compensatory time shall be reimbursed to the employee in the final pay.
D. No employee in the Road and Bridge Department will be permitted to utilize compensatory time between January 1 and March 31 of each calendar year.
A. Days Off:
1. The thirteen (13) holidays presently observed shall continue to be observed under this Agreement (New Year's Day, Martin Luther King's Birthday, Lincoln's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veteran's Day, Thanksgiving Day, and Christmas Day).
2. Also to be observed are any other additional holidays declared by the legally constituted authorities of the County, or any holidays declared by Gubernatorial or Presidential proclamation which are not listed above if determined to be granted by the Board of Chosen Freeholders in their sole discretion. Employees who are required to work on such days will receive compensatory time for their normal workday and their normal overtime rate for all hours beyond their normal workday.
B. Additional Day Off:
The day after Thanksgiving shall be a paid day off for all employees. It is not an additional holiday. Employees who are required to work, by the Employer, on such paid day off, due to emergencies, or as dictated by past practice, shall receive compensatory time for their normal workday. Employees required to work beyond their normal workday shall be compensated at their normal overtime rate as provided in Article 10.
1. By mutual consent of the Parties, the date of observance of any of the above holidays may be moved to another day.
2. When a holiday falls on a Saturday, it shall be observed on the preceding day, Friday.
3. When a holiday falls on a Sunday, it shall be observed on the following day, Monday.
When holidays permit a three (3) day weekend, employees of those departments who are required to work on any of the three (3) days, shall be paid at their normal overtime rate as set forth in Article 10 .
E. Easter Sunday
Easter Sunday is not a Holiday. However, if a covered Supervisor in the Communications Department is authorized to work on Easter Sunday, he/she shall be paid double time for each hour worked.
A. Vacation Schedule
All employees covered by this Agreement who were hired prior to January 1, 2004, shall be granted Vacation Leave based upon the following from date of hire:
Years of Service Annual Leave
1st year 1 day/month to end of calendar year in which hired
1 through 7 years 12 days per year
8 through 10 years 16 days per year
11 through 15 years 21 days per year
16 and over 26 days per year
Any employee entitled to twenty-six (26) vacation days per year or more as of December 31, 1996, shall continue to receive that number of days per year and shall not accumulate any additional days.
The vacation schedule for employees hired after January 1, 2004 shall be based upon the following from date of hire:
Years of Service Annual Leave
1st year 1 day/month to end of calendar year in which hired
1 through 7 years 12 days per year
8 through 10 years 15 days per year
11 and over 20 days per year
B. "Service" Defined:
Service includes all continuous service with the County regardless of civil service status, provided there is no break in service of more than one week.
C. Vacation Requests:
1. Employees shall submit an annual request for Vacation Leave no later than May 15 of the year. Approval or disapproval of a vacation request shall be given within ten (10) working days of May 15th for all employees. Up to one-third of the year's vacation entitlement (including days carried over from the previous year) may be unscheduled, by indicating the number of days to be used "on a day basis."
2. In addition to the vacation allotment indicated in Paragraph A, each Supervisor is entitled to an additional four (4) days to be scheduled as single vacation days. Except in the event of an emergency, these days shall be scheduled in advance.
D. Scheduling of Vacations:
The Department Head will schedule vacations according to the needs of the service. Vacation requests, including single day vacation requests, can be denied if necessary to provide coverage. Vacation scheduling shall not be unreasonably denied. Only the vacations of those employees who submit requests by May 15th shall be scheduled on the basis of seniority.
Denial of a vacation request made after November 15 of any year is not arbitrable under the grievance procedure. Withdrawal, after November 15, of previously approved and scheduled vacation due to the needs of the service is arbitrable, the issue being whether the employer's action was unreasonable.
The request of a senior employee for vacation submitted after May 15th shall not be given preference over the request of a less senior employee submitted by the cut off date.
Vacation Leave will be scheduled in no less than one-half day increments, except for late arrivals due to inclement weather and on other occasional circumstances with the approval of the Department Head.
E. Vacation Entitlement:
Each employee shall be given credit for each calendar year for all due Vacation Leave and shall be permitted to use credited leave when requested, subject to the needs of the agency and the approval of Management. Should an employee's service terminate before the end of the year, earned Vacation Leave shall be calculated based on the number of months (or major portion thereof) completed. Unused earned Vacation Leave shall be reimbursed to the employee in the final pay. Used unearned Vacation Leave shall be deducted from the final pay.
G. Illness, Death in the Family, or Holiday During Vacation:
If an employee becomes ill while on vacation or should a death in the immediate family occur not allowing them to continue vacation then that time may be changed to Sick and/or Bereavement Leave as applicable. The employee must notify the supervisor upon return. In addition, the employee must furnish medical evidence to verify an illness or injury which would have precluded his or her working in order to be credited with Sick Leave in lieu of a charge for vacation days. If a Holiday occurs during vacation, it shall not be counted as a day of vacation.
H. Substitution of Leave:
Substitution of Sick Leave or Bereavement Leave for vacation days does not extend the scheduled Vacation Leave beyond the expected date of return to work unless it is specifically authorized by Management.
I. Vacation Carryover:
A vacation carryover of up to one-third (1/3) of a year's vacation entitlement is permitted upon written notice filed by December 1st. Employees who have been denied the opportunity to utilize vacation because of the needs of the Service may carry over days which have been denied in addition to the one-third entitlement. The carryover must be used in the succeeding year or such vacation credit is forfeited.
LEAVES OF ABSENCE
A. Sick Leave
1. Sick Leave shall accumulate at the rate of one and one-quarter (1 1/4) days per month in the first calendar year of service, commencing in the first month or major portion thereof from the date of hire.
2. Sick Leave shall accumulate year to year with an additional fifteen (15) days credited to the employee at the beginning of each successive calendar year.
3. If a holiday occurs during paid Sick Leave, it shall not be charged as paid Sick Leave.
4. Sick Leave may be used for those purposes required by Department of Personnel rules applicable to local service.
5. The Employer reserves the right to verify that Sick Leave has been or will be used for the purposes for which it is intended. Employees are subject to all conditions of documentation and verification of Sick Leave use.
B. Attendance Bonus
Individuals who are qualified to hold a Supervisory position are expected to have attendance records which reflect a minimal use of sick time. In recognition thereof, each Supervisor who uses five (5) or less sick days in a year shall be paid a bonus of Five Hundred Dollars ($500.00).
In addition, each Supervisor who uses no sick days in a year shall be paid a bonus of Five Hundred Dollars ($500.00), for a combined bonus of One Thousand Dollars ($1,000.00).
C. Pregnancy Disability and Child Care:
An employee shall notify the Employer of her pregnancy as soon as it is medically confirmed. The employee may request a Pregnancy Disability Leave without pay and the Leave shall be granted. A pregnancy disability and/or subsequent Child Care Leave of Absence shall be granted for the maximum period allowed by Department of Personnel Rules. The employee may elect to return to work at an earlier date provided the employee shall be deemed medically fit to return to the duties and responsibilities of her position.
D. Bereavement Leave:
1. All employees shall receive up to five (5) working days leave in the event of the death of a spouse, child, step-child, ward, son-in-law, daughter-in-law, sister, sister-in-law, brother, brother-in-law, grandparent (of employee or employee's spouse), parent, step-parent, father-in-law and mother-in-law of present spouse, and any other member of the employee's immediate household. The number of days taken, up to five, shall be at the sole discretion of the employee. This leave is separate and distinct from any other leave time. In the event of multiple deaths, special consideration will be given to the employee by the Employer.
2. The bereavement time need not be taken consecutively. However, the allotted time must be utilized within fifty-three (53) weeks of the date of death or be "banked" pursuant to Paragraph D.3. In the event the employee is going to utilize any of the time for such things as attending to the estate, the employee must give at least forty-eight (48) hours notice of the intended use.
3. Any unused bereavement days may be accumulated. Those accumulated days may be used for leave time in connection with any death of a person who is close to the employee or to be added to the number of days which the employee may take for the death of an individual who is presently on the schedule.
E. Family Leave:
Qualified employees shall be entitled to all benefits under the Family Leave Act.
If an employee has applied for and is receiving family leave, an employee can apply for an extension of an additional twelve (12) weeks, which will be granted if the County has found a reliable and competent employee to fill the position who has communicated to the County a willingness to continue to fill the position for the additional twelve (12) weeks. This requirement does not apply if the County does not deem it necessary to fill the position.
Employees on Family Leave are only entitled to paid health benefits for the initial twelve (12) week leave.
F. Other Leaves:
All other proper and authorized leaves as provided in the Rules of the Department of Personnel shall be recognized and constitute a part of this Agreement, except for Personal Days.
A. Paid Leave:
Should an employee be obligated to serve as a juror, s/he shall receive full pay from the Employer for all time spent during normal hours of work on jury duty, including reasonable travel time from the place of employment or home to the court and back. If the employee's services as a juror are not required for a portion of the work day, the employee shall report for duty for that part of the work day, unless excused from duty by the Employer due to special circumstances.
B. Court Allowance:
Remuneration received from the Court for such service will not be deducted from the wages received for the corresponding workdays.
BENEFITS (MEDICAL AND OTHER)
A. All benefits currently enjoyed by employees shall remain in effect and become part of this Agreement, including all rights and privileges under the PERS, and as provided by Department of Personnel authority, or as dictated by past practices of the County. A past practice is a practice which has occurred previously and continues to occur regularly during the term of the Agreement. Those practices, which are management's prerogative, may be changed at any time by the County, without negotiation with the Union. Those practices which are working conditions may not be changed by the County without negotiations first with the Union. Past practices can be established and recognized on a department wide basis only.
B. The Employer agrees to provide medical coverage for all employees and their eligible dependents. The Employer shall also pay the monthly Medicare premium for each employee and spouse over age sixty-five (65) years.
The County will maintain an IRS Section 125 Plan such that employees may set aside a portion of their income into a pre-tax account for certain medical and family care expenses.
C. Effective on January 1, 2005 all employees will contribute toward the cost of the health care premium the following amounts:
1. An employee earning less than $30,000 shall pay .55% of their salary, but not more than $12.50 per pay, nor more than $165 per year, toward the cost of their health care premium.
2. An employee earning $30,000 to $35,000 shall pay .65% of their salary, but not more than $12.50 per pay, nor more than $227.50 per year, toward the cost of their health care premium.
3. An employee earning more than $35,000 shall pay .75% of their salary, but not more than $12.50 per pay, nor more than $300 per year, toward the cost of their health care premium.
4. Notwithstanding the provisions of C. 1-3, above, any employee who is entitled to family coverage, husband/wife coverage or parent/child coverage and who opts for single coverage shall be exempt from having to pay the above-described amounts toward their health coverage.
D. Because the Union has agreed to the specific provisions of Section C, above, and to the elimination of paragraph J of the previous contract, and with those specific provisions as a term and condition hereof, the County will permit covered employees to participate in a dental insurance plan that became effective on January 1, 2004. The County will contribute up to $240 per year for each employee toward the cost of the dental premium. The employee will be responsible, through payroll deduction, for the balance of the premium. In no event shall the County be responsible for the cost of the plan other than the $240 contribution for each employee.
E. The County may change insurance carriers or programs provided the new carrier and/or program has benefits comparable to the current Program and provided there is no diminution of benefit and/or services. A switch to the State Health Benefits Plan is not covered by this provision.
F. The County will, prior to changing carriers and/or program, give the Union no less than 60 days notice of the intended change, along with a complete listing of the benefit level of the existing program and the proposed new program. In the event the Union makes a claim of diminution of benefit, such a claim will be settled via an expedited arbitration hearing (grievance to be submitted directly to arbitration after discussion with County Administrator.
G. The Employer agrees to provide, on a contributory basis from the Employer and the Employee, New Jersey Temporary Disability Insurance.
H. Each employee shall receive for on the job injuries, a leave of absence with full pay, for up to twenty-six (26) weeks, with no loss in sick leave credit, or any other leave time. Any monies received by employees from Workmen's Compensation during the leave of absence, which is for regular maintenance, shall be reimbursed to the County.
I. The employer further agrees to provide health insurance as a supplement to Medicare for retired County employees as provided by law (See N.J.S.A. 40A:10-23).
A. Mileage Reimbursement for Personal Vehicles:
Employees authorized and required to use personal vehicles in the pursuit of proper and necessary County business shall be reimbursed at the rate of thirty cents (.30) per mile. All such personal car mileage shall be submitted on the proper forms (to be provided) and such mileage shall be computed on a portal-to-portal basis.
B.1 Meals-Social Services:
The Employer shall continue its present policy of providing meals to its employees who are out of Hunterdon County on County business. Reimbursement shall only include meal cost, sales tax and a gratuity (up to 15% of the total meal cost and sales tax) but shall not exceed the maximum amount allowable:
Breakfast Up to $ 5.00
Lunch Up to $9.00
Dinner Up to $13.50
A signed, dated receipt clearly identifying the food vendor is required for reimbursement.
B.2 Meals-Other Employees:
An employee working authorized overtime to a meal period (defined as 6:00 A.M., 12:00 Noon, 6:00 P.M., 12:00 Midnight), shall be provided a meal by the County up to Seven Dollars ($7.00) in value. Should the County be unable to provide such meal, the employee shall be paid at the rate of Seven Dollars ($7.00) for such meal. If the employee works less than the minimum overtime (two (2) hours), the meal rate, if applicable, shall be Three Dollars and Fifty Cents ($3.50) .
C. Specialized Equipment:
When any class of employment requires the use of specialized equipment, such as uniforms, rain gear, and safety equipment, these shall be provided, and maintained, by the Employer at no expense to the employees.
Employees in the following titles shall receive County supplied protective uniforms:
1. Supervisor Mechanic
2. Supervisor Traffic Maintenance
3. General Supervisor of Garage Services
4. Supervising Maintenance Repairer
All employees (except temporary employees), in the Buildings and Maintenance, Central Print and Mail Shop and Roads and Bridges Departments will be provided with an initial issue of two (2) pairs of shoes which they will be required to wear at work. One pair of shoes will be issued upon employment and the second pair will be issued after they have been employed for 90 calendar days. Employees who wear out their shoes will be issued a replacement pair upon turning in the worn shoes. The shoes will be provided by the County furnishing an approved list of acceptable shoes and a list of approved vendors. The employee will be given a voucher not to exceed One Hundred and Twenty-Five Dollars ($125.00) to pay for the cost of a pair. The employee may purchase an upgraded shoe, but must pay any cost in excess of One Hundred and Twenty-Five Dollars ($125.00) themselves. Effective January 1, 2002 the shoe allowance will be increased from $125 to $150 per year.
Employees in the Buildings and Maintenance and Roads and Bridges Departments who do not have a uniform supplied to them by the County will get a $200 clothing allowance in 2004 and a $225 clothing allowance in 2005 and 2006.
D. Uniforms for Jail (Correctional) Employees
The County will supply the following to CWA covered employees in the Corrections Department:
Uniforms will be provided by the County as follows:
The initial issue of uniforms will be:
5 pairs of pants
5 tops - summer weight
5 tops - winter weight
1 pair of shoes
The initial issue of uniforms will be:
5 pairs of pants
5 lab coats
Up to $50.00 reimbursement for a pair of shoes
Adequate facilities shall be provided for employees for purposes of daily breaks, eating of lunches and for relief in time of momentary illness incurred while at work.
Representatives of the County and Union will survey facilities and discuss the needs for an employee lounge and sickroom. When space is located, such lounge and sickroom will be established.
HEALTH AND SAFETY
The Employer agrees to insure the safety and adequacy of all working areas and equipment provided for employee use. The Union reserves the right to call upon the Employer, or any appropriate State or Federal agency to investigate any matter involving work area or equipment. Such request will only be made where the Union feels that the employee is subjected to a possible impairment of health and safety and the condition has been called to the Employer's attention and the Employer fails or refuses to correct it.
A. The County does not intend to ever close all County offices. However, should an employee report for work, and subsequently the County closes that employee's office, for whatever reason, such employee who reports to work shall be credited for the day's work. Additionally, if a County office is closed before the start of the work day, all employees assigned to work in that office will be credited with a day's work. In the event there is a general county-wide closing, the County shall declare the hours of the closing and those employees who are "essential" employees will be required to work and they shall receive hour-for-hour compensatory time for every hour worked during the declared hours of closing up to a full shift.
B. Absences during periods of inclement weather in which the County does not close, shall be authorized where the employee feels she/he is unable to safely travel to and from work. In such instances, the employee may charge such absence to accumulated compensatory time or vacation time.
JOB CLASSIFICATIONS, VACANCIES,
PROMOTIONS AND TITLE CHANGES
A. Posting Requirement:
The Employer shall post within all County offices, advance notice for seven (7) working days of any positions to be filled. Prior to posting such notice, the Employer shall submit to the Union any proposed new title and salary for the position to be filled if the title is new to the County.
B. Employer to Provide Job Description:
The Employer will provide each employee, at the time of hire, with his/her current Department of Personnel job specification.
DISCRIMINATION AND DISCIPLINE
No employee shall be discriminated against in violation of State or Federal law.
1. In any case of disciplinary action (except letters of reprimand) including discharge, the Employer will notify the Union of the action taken no later than the next work day.
2. An employee may be subject to discipline for the reasons permitted by Department of Personnel Rules as they are amended from time to time. Currently, the reasons are as follows:
a . Incompetency, inefficiency or failure to perform duties;
c . Inability to perform duties;
d. Chronic or excessive absenteeism or lateness;
e. Conviction of a crime;
f. Conduct unbecoming a public employee;
g. Neglect of duty;
h. Misuse of public property, including motor vehicles;
k. Other sufficient cause.
I. Discrimination that affects equal employment opportunity (as defined in N.J.A.C. 4A:7-1.1), including sexual harassment;
j. Violation of Federal regulations concerning drug and alcohol use by and testing of employees who perform functions related to the operation of commercial motor vehicles, and State and local policies issued thereunder; and
3. Minor Disciplinary Actions, except written reprimands, involving employees with permanent status in any title, may be appealed to arbitration by the Union with the consent of the employee. Prior to pursuing an appeal to arbitration of a minor disciplinary action, the employee shall participate in an administrative hearing as required by Department of Personnel Rules.
4. Major disciplinary actions may only be appealed to the Merit System Board.
A. Employee's Rights:
Employees shall have the right to inspect and review their own individual personnel files upon request to the Employer. The inspection shall be made in the presence of the County Personnel Department. The Employer recognizes and agrees to permit this review and examination at any reasonable time. An employee shall have the right to define, explain or object in writing to anything found in his/her personnel file. This writing shall become a part of the employee's personnel file.
B. Personnel File Defined:
For purposes of this Agreement, the personnel file is defined as any and all recorded matter concerning the employee, maintained by the Personnel Department or the Appointing Authority.
C. Copy of Material Added Furnished to Employee:
Copies of all material presently in an employee's personnel file shall be provided to the employee, upon request, one (1) time only. Thereafter, copies of all materials added to the employee's file shall be provided to the employee at the time of insertion.
No document of anonymous origin shall be maintained in the file if, after investigation by the Department Head, no basis for substantiation of any matter contained therein is found.
Layoffs shall be accomplished according to the rules and regulations of the Merit System Board.
B. Option to File a Grievance:
An employee covered by this Agreement who is laid off pursuant to the provision hereof, may file a grievance complaining of the layoff, in which case, the employee shall only take the grievance beyond Step 1 to the Merit System Board, in accordance with its respective procedures. Under no circumstances shall such a grievance be pursued in arbitration.
Any grievance or dispute which may arise between the Parties, including the application, meaning, or interpretation of this Agreement shall follow this procedure:
(a) The Union Representative shall present the grievance, or dispute, in writing, to the employee's immediate Supervisor within ten (10) working days of its occurrence, or ten (10) working days after the employee becomes aware of the event. The immediate Supervisor shall adjust the matter and respond, in writing, within five (5) working days. Failure to present the grievance within the time provided shall constitute an abandonment of the grievance and bar its filing thereafter.
(b) If the matter remains unsettled after Step 1, the employee may pursue the matter, at his or her option, either in the remainder of this procedure, or take the matter before the Merit System Board, in accordance with the Department of Personnel procedures. In the event the employee elects to pursue Department of Personnel remedies, then the employee shall be forever precluded from advancing the grievance through the remainder of the grievance procedure. Major disciplinary actions and economy layoffs cannot proceed to arbitration, but the appeal, if any, must be to the Merit System Board.
If the grievance, or dispute has not satisfactorily been settled in Step 1, the Union shall present it in writing to the Department Head, within five (5) working days after receiving the response from Step 1, or within five (5) working days after the response was due. The Department Head shall have five (5) working days to adjust the matter, and respond, in writing.
If the grievance, or dispute, has not been satisfactorily adjusted in Step 2, the Union shall present it to the Board of Chosen Freeholders or their designated representative, within five (5) working days after receiving the response from Step 2, or within five (5) working days after the response was due. The Board shall settle the matter, and respond in writing, within five (5) working days. If the Board intends to convene a hearing into the matter, the time for this step
shall be extended to fifteen (15) calendar days, provided the Union has been notified in writing of this intent within five (5) working days after the matter has been presented to the Board. This notice shall specify the time, and date of the hearing.
If no settlement of the grievance, or dispute has been reached between the Parties in Step 3, either one (1) or both may move the grievance, or dispute to arbitration within thirty (30) calendar days of receiving the Board's response, or within thirty (30) calendar days of the time the response was due.
Any Party wishing to move a grievance to arbitration shall notify the Public Employment Relations Commission, and the other Party, that they are moving a grievance to arbitration, and request that a list of arbitrations be furnished to the Employer, and the Union. The arbitrator shall be chosen in accordance with procedures set forth by the Public Employment Relations Commission.
The arbitrator shall hear the matter on the evidence, and within the meaning of this Agreement, such rules and regulations as may be in effect by the Department of Personnel of the State of New Jersey, which might be pertinent, and render his award in writing, which shall be final, and binding.
The cost of the arbitrator's fee shall be borne equally by the Parties.
Extensions and Modifications:
Time extensions may be mutually agreed to by the County, and the Union, by a proper instrument in writing.
Group or Policy Grievance:
A group or policy grievance, or dispute shall be presented, in writing, by the Union, at the lowest step at which a settlement may be obtained.
COPIES OF MINUTES
Copies of the minutes of the Public Meetings including Executive Sessions of the Board of Chosen Freeholders and any other Board or Commission of the County which has employees covered under this Agreement shall be provided to the Union at no charge no later than five (5) days after said minutes have been made available to the public.
A. If the County proposes to discipline or terminate an employee and an investigation reveals that the employee has an emotional, personal, or health problem which is the cause of the employee's job performance, the County will cooperate and use reasonable efforts to assist the employee with professional help.
B. The County will distribute to each new employee, a copy of the contract and a statement that the CWA is the recognized employee representative and a statement giving the name, address and telephone number of a person who can be contacted if an employee wants further information.
C. The Employer may, when it deems it to be in the best interests of the County, and if the Freeholders have elected to make funds available for that purpose, provide time off or otherwise pay for course work or staff development work which is related to the employee's job performance.
Each Department will establish its own evaluation system based upon its own needs. The evaluations are not subject to the grievance procedure. If an employee disagrees with an evaluation, the employee shall indicate in writing to his/her supervisor with a copy to the Department Head, the basis for the disagreement within ten days of receiving a copy of the evaluation. Performance Improvement Plans are not grievable.
If any supervisor receives two unsatisfactory evaluations in an evaluation year, that supervisor will not be given the negotiated salary increase. IF such an action is proposed, the employee may appeal the decision under the Grievance Procedure to Arbitration. When hearing such a grievance, the power of the arbitrator to review the evaluations shall be limited. An arbitrator can only determine whether the County, in its evaluations, has been arbitrary or capricious. The arbitrator has no power to substitute his/her judgment for that of the evaluator.
If an evaluation is utilized by the County, or relied upon by the County, in any disciplinary matter, the employee may challenge the legitimacy of the evaluation in the context of an appeal of the disciplinary action. However, in the event of a disciplinary appeal, the evaluation cannot be appealed in a separate forum from the forum in which the disciplinary action is being appealed.
PROMOTIONS AND DEMOTIONS
1. If promoted to the next title in a title series, the employee shall receive an eight (8) percent increase, or the minimum of the position, whichever is greater.
2. Upon being demoted (whether voluntary or involuntary, which includes accepting another position as a result of a layoff) an employee’s pay shall be adjusted:
(a) If the demotion is to the next lower supervisory title in the series, an eight (8) percent decrease;
(b) If the demotion is to a non-supervisory title, the salary will be reconstructed and established at the salary which the employee would have received if they had never been promoted initially.
Donated Sick Leave Program
1.1 There will be times when an employee suffers from a catastrophic illness or injury which necessitates the employee's prolonged absence from work and for which the employee has no available paid leave. The County recognizes that co-workers would like to assist their fellow employees under such circumstances by volunteering to donate a portion of their accumulated benefit days to the employee(s) suffering from the catastrophic illness or injury.
2.1 Sick leave is provided by the County to assist employees in times of illness. It is expected that sick leave is generally used sparingly and only when an employee is unable to work. Unused sick leave is accumulated to be used if an employee suffers a catastrophic illness or injury. Even so, a catastrophic illness or injury may extend beyond an employee's available sick time. This program will enable other employees to assist by voluntarily donating benefit days to assist the employee suffering from catastrophic illness or injury.
3. Definition of Catastrophic Illness or Injury
1. In-patient care in a hospital, hospice, or residential care facility; or
3.1 For the purpose of this policy, catastrophic illness or injury is defined as a debilitating illness or injury , cancer, stroke, major head/brain injury, AIDS, spinal cord injury, etc.) that requires the employee to be on a prolonged leave of absence from work for 60 or more work days and which requires:
2. Continuing medical treatment or supervision by a health care provider.
3.2 Medical proof of the existence and continuation of such a condition is required.
4. Description of Acceptance Into The Program
4.1 An employee may request participation in the program, as a leave recipient or leave donor. The employee's supervisor may also make such a request on behalf of the employee for his or her participation in the program as a leave recipient.
4.2 The employee or supervisor requesting the employee's acceptance as a leave recipient shall submit to the County Human Resources Department medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the disability resulting from the catastrophic illness or injury.
4.3.1 The employee must be suffering from a catastrophic illness or injury as defined above which necessitates the employee's prolonged absence from work.
4.3 In order for a recipient to participate in the program, the recipient must meet the following requirements:
4.3.2 The catastrophic illness or injury must be documented by medical evidence signed by the physician describing the nature of the illness or injury and the anticipated duration.
4.3.3 The employee must have used exhausted all available allocated sick leave, vacation leave, personal leave and compensatory time.
4.3.4 The employee must have been employed for one year with the County.
4.4 When the County Administrator has approved an employee as a leave recipient, the Human Resources Department shall, with the employee's consent, post or circulate the employee's name along with those of other eligible employees in a conspicuous manner to encourage the donation of leave time. If the employee is unable to consent to this posting or circulation, the employee's family may consent on his/her behalf.
4.5 An employee who is a recipient of the program will be allocated benefit days based on the physician's anticipated duration of the illness or injury. If the employee returns to work prior to the anticipated date of return, the remaining donated leave days will be returned to the leave account of the employees who donated them on a prorated basis.
5. Procedure for Donations
5.1 Employees may donate as many Sick Leave and/or Vacation leave days as they wish for the purpose of catastrophic illness or injury of a fellow employee as long as they maintain for their own use a minimum of twenty-five (25) accumulated sick leave days if donating sick days or twelve (12) vacation days if donating vacation days. Employees will be required to fill out and sign a form designating the days they wish to donate. The Human Resources Department will adjust the employee's accumulated leave day amount and notify the donating employee of their new total.
5.2 If employees donate more leave time than actually utilized by the recipient employee, the unused donated leave days will be returned to the donating employees in accordance with the following procedure:
5.3 The Human Resources Department shall maintain a donation list based upon the order in which donation offers are received. Leave time will be allocated to the recipient employee from the leave accounts of employees in the order by which the days were donated. If the recipient employee returns to work prior to the anticipated date of return, the remaining donated leave days will be returned to the leave accounts of employees whose names remain on the donation list.
HUNTERDON COUNTY HUMAN RESOURCES DEPARTMENT
I hereby direct the Human Resources Department to transfer leave credit as indicated below to be used as personal sick leave by the following employee: ______________.
__________ # of Sick Leave Days to be donated. This will not reduce my Sick Leave balance below twenty-five (25) accrued sick days
____________ # of Vacation Leave Days to be donated. This will not reduce my Vacation Leave balance below twelve (12) accrued vacation days
I realize that the days I donate will no longer be available for my personal use. I have considered this fact and have planned adequately for my own needs.
-------------------- ------------------------------------------- --------------------------------------------
Date Employee Name Employee Signature
Department Phone Number
For use by the Human Resources Department
Your request to transfer the above sick and/or vacation day(s) has been completed. Your adjusted, accumulated leave is as follows:
Present Leave Adjusted Leave
Sick Leave ------------------- ------------------
Vacation Leave ------------------- ------------------
This is to advise you that your sick and/or vacation day(s) will not be transferred due to the following reason:
_____Your current sick leave balance does not show the required number of twenty-five days.
_____Your current vacation leave balance does not show the required number of twelve days.
A. The Agreement:
This Agreement constitutes the complete and final understanding of the parties during the term thereof.
B. Use of Certain References:
All terms of the masculine gender shall be construed to include the feminine gender and all terms stated in the singular shall be construed to include the plural unless a different intention is clearly understood from the context in which such terms are used.
DURATION OF AGREEMENT
Except as otherwise provided herein, the terms and effects of this Agreement shall be in force commencing January 1, 2004 and shall remain in effect in full force through December 31, 2006.
IN WITNESS THEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives on the date first above written.
ATTEST: BOARD OF CHOSEN FREEHOLDERS
DENISE B. DOOLAN, CLERK MARCIA A. KARROW, DIRECTOR
ATTEST: C.W.A. LOCAL 1035
GREGORY BADINI, PRESIDENT
DON RICE, INTERNATIONAL REPRESENTATIVE
HOURS PER WEEK
|Food Service Supervisor|
|Principal Library Assistant|
|Supervising Clerk Transcriber|
|Supervisor, Central Mail|
|Supervisor, Building Service|
|Family Services Supervisor|
|Supervising Public Safety Telecommunicator|
|Supervising Bridge Repairer|
|Road Construction Foreman|
|Supervisor Traffic Maintenance|
|General Road Foreman|
|Supervisor of Garage Services|
|Supervising Library Assistant|
| $ 32,500.00|
|Assistant Superintendent Mosquito |
| $ 37,000.00|
Youth Worker Supervisor 40 $ 30,550.00