CONTRACT
between
TOWN OF HARRISON
HUDSON COUNTY, NEW JERSEY
and
HARRISON CIVIL SERVICE EMPLOYEES ASSOCIATION
January 1, 2002 - December 31, 2004
Extended and Amended, by Mutual Agreement,
through December 31, 2006
The Murray Law Firm, LLC
3 Revmont Drive - Suite 318
Shrewsbury, New Jersey 07702 (732) 389-1010
TABLE OF CONTENTS ARTICLE PAGE
I RECOGNITION 1
II ASSOCIATION PRIVILEGES 2
III LEAVE OF ABSENCE 3
IV DUES CHECK OFF 4
V MANAGEMENT RIGHTS 5
VI OVERTIME 6
VII VACATIONS - HOLIDAYS 7
VIII PERSONAL LEAVE 9
IX INJURY LEAVE 10
X SICK LEAVE 11
XI INSURANCE 13
XII FUNERAL LEAVE 16
XIII MILITARY LEAVE 17
XIV SALARIES 18
XV LONGEVITY 20
XVI CHANGES, SUPPLEMENTS, OR ALTERATIONS 21
XVII SAVINGS AND SEPARABILITY CLAUSES 22
XVIII WORKING HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
XIX RECALL 24
XX GRIEVANCE AND ARBITRATION PROCEDURE 25
XXI DURATION OF AGREEMENT 28
XXII INTENTIONALLY LEFT BLANK . . . . . . . . . . . . . . . . . . . . . . . . 29
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ARTICLE I
RECOGNITION
Section 1. The Town hereby recognizes the Association as the sole and exclusive representative of all full-time permanent Town employees and dispatchers, exclusive of the Police and Fire Departments of Harrison, and also excluding Department Heads and confidential employees of the Town of Harrison, for the purposes of bargaining with respect to rates of pay, wages, hours of work and all working conditions as required by the law and to the extent so required.
Section 2. Neither the Town nor the Association shall discriminate against any employee on the basis of age, sex, marital status, race, religion, national origin or being a member or non—member in any labor organization.
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ARTICLE II
ASSOCIATION PRIVILEGES
Section 1.The President of the Association shall be granted time off to attend state conventions as required by New Jersey law.
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ARTICLE III
LEAVE OF ABSENCE
Leaves of absence shall be granted pursuant to law.
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ARTICLE IV
DUES CHECK-OFF The Town agrees to deduct Association dues upon receipt of written authorization from the employee and monthly shall remit the monies collected to the Secretary-Treasurer of the Harrison Town Employees Association.
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ARTICLE V
MANAGEMENT RIGHTS
A. The Association recognizes that the Town may not, by agreement, delegate authority and responsibility which by law is imposed upon and lodged with the Town.
B. The Town reserves to itself sole jurisdiction and authority over matters of policy and retains the right, in accordance with the Laws of the State of New Jersey and the rulings of the State Civil Service Commission to do the following: to direct employees of the Town; to hire, assign, promote, transfer and retain employees covered by this Agreement with the Town or to suspend, demote, discharge, or take disciplinary action against employees for just cause, to make work assignments, work and shift schedules including overtime assignments, to maintain the efficiency of the Town operations entrusted to them, and to determine the methods, means and personnel by which such operations are to be conducted.
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ARTICLE VI
OVERTIME All full-time permanent employees shall receive overtime pay computed at the rate of time and one-half (1 ½) whenever said employees are required to work in excess of their regular work week. No overtime shall be paid from zero (0) to nineteen (19) minutes of each hour. Overtime shall be computed after the employee has completed twenty (20) minutes or more beyond his regular work week.
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ARTICLE VII
VACATIONS - HOLIDAYS All full-time permanent employees of the Town of Harrison shall be allowed fully paid vacation days based upon the following vacation schedule and according to the length of the time of service as stated on said schedule.
TIME OF SERVICE NUMBER OF WORKING VACATION DAYS
Up to one (1) year One (1) day for each full month of service
One (1) to nine (9) years Sixteen (16) days
After ten (10) years Twenty (20) days (Effective 1/1/87)
After twenty (20) years Twenty-one (21) daysVACATION ENTITLEMENT FOR EMPLOYEES HIRED AFTER 1/1/98 Effective January 1, 2005
From date of hire to the end of the One (1) day for each full month of
calendar year (December 31st) service (maximum of 10 days)
After January 1st following hire Ten (10) days
After five (5) full calendar years of service Twelve (12) days
After ten (10) full calendar years of service Fifteen (15) days
Employees must use their vacation time within the year earned. Employees are not permitted to carry over vacation time to the following year unless it is impossible to schedule the vacation during the year due to work schedule, and unless the employee receives the written permission of the Town to carry over the unused vacation to the following year.-7-
HOLIDAYS All full-time permanent employees of the Town of Harrison shall be allowed the same holidays as are declared for all State employees.
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ARTICLE VIII
PERSONAL LEAVE Effective January 1, 1992, all permanent full-time employees shall be entitled to two (2) personal business days, to be scheduled with the prior approval of the employee’s superior.
At least forty-eight (48) hours notice shall be given by the employee to the department head or his/her designee to receive the personal day. Less than forty-eight (48) hours notice may be given upon the discretion of the department head or designee.
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ARTICLE IX
INJURY LEAVE Injury leave shall be granted according to law.
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ARTICLE X
SICK LEAVE Every employee shall be entitled to sick leave, with pay for reasons of sickness or disability on the following basis:
A. During the first year of employment, one and one-quarter (1¼) workday of sick leave for each completed calendar month of service.
B. After one (1) full year of employment, fifteen (15) workdays of sick leave, in each calendar year.
C. Unused sick leave shall be cumulative without limit as per Civil Service.
D. Effective January 1, 1987, each employee, upon retirement, shall be entitled to time off with pay, or in a cash lump sum at the employee’s option, prior to his retirement, of one-half (½) of his accumulated sick leave. Effective January 1, 1990, a member retiring and whose Terminal Leave Pay is fifteen thousand ($15,000) dollars or less shall be entitled to a lump sum upon retirement. However, if the amount exceeds fifteen thousand ($15,000) dollars, the retiring member shall receive three (3) equal and annual installments commencing on the date of his/her retirement. No interest shall be added to any of the installment payments. Provided further that in no event shall the first payment be less than fifteen thousand ($15,000) dollars. If the member dies, the sick leave benefit shall be payable to the spouse or the estate in the same manner as outlined above. The maximum payment of unused sick leave at retirement shall not exceed one year’s
-11- salary for the employee, except that employees with twenty-five (25) years or more of service as of 1/1/96 shall not be subject to said cap.
E. Absences due to line of duty or work-connected injury will not be charged against the sick leave period provided in Paragraphs A, B, C, and D.
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ARTICLE XI
INSURANCE Section 1. Members shall receive fully paid Blue Cross/Blue Shield, Rider J, 365-day hospital coverage and Major Medical insurance, prevailing fee plan, for themselves and their dependents. Dependent children shall be covered until age 23. Effective January 1, 1990, if for any reason the Town changes its major medical carrier, all members shall be provided with the same carrier as all other Town employees. To be eligible for insurance coverage, employees must have a minimum thirty (30) hours per week work schedule.
Section 2. The Town will provide a prescription drug program with a one ($1.00) dollar co-pay provision for all employees and their dependents covered by this agreement. Effective January 1, 1999, the co-pay shall be increased to five ($5.00) dollars. However, it shall remain $1.00 for generic drugs. The $5.00 co-pay may be submitted towards the employee’s deductible with the Major Medical Carrier.
Section 3. Active and retired members only who have met the requirements of Section 2 of Ordinance 1051 (attached hereto as Exhibit “A” and
made a part hereof) shall receive a $2,500.00 term life insurance policy.
Section 4. Dental Plan - As soon as administratively possible in 1983, the Town of Harrison will provide unit members with a dental plan. It is understood and agreed that the dental plan will be implemented as soon as possible in 1983, but such plan, if not in effect on January 1, 1983, will not be retroactive to that date. Effective January 1, 1989, the dental insurance maximum annual coverage -13- will be increased to $2,000. Any changes in the dental plan negotiated by the F.M.B.A. or P.B.A. during the term of this contract shall also apply to the Association.
Section 5. Effective January 1, 1985, or as soon thereafter as administratively possible, a medical emergency care rider will be added to the present Blue Cross/Blue Shield coverage. Effective January 1, 1985, or as soon thereafter as administratively possible, bargaining unit members may participate in the existing “Stay Well Program” subject to the limitations provided therein. The members of the unit who voluntarily participate in this program will pay fifty (50%) percent of the Annual cost as it applies to them. The Town will pay the remaining fifty (50%). This benefit will only apply to individuals who are included in the Association. The parties will make the appropriate administrative arrangement for enrollment, as well as payment. Part of these arrangements will include the Town being billed directly for its portion of the payments. This program shall be an employee only program.
Section 6. Optical Program - The Town shall provide an optical program; this Agreement shall cap the Town’s annual per-employee cost for this benefit at
$100.00. Any changes in the optical plan negotiated by the F.M.B.A. or P.B.A. during the term of this contract shall also apply to the Association. Retirees and their spouses and eligible dependents shall receive optical coverage if the employee was receiving said coverage during employment.
Section 7. Retired members who have met the requirements of Section 2 of Ordinance 1051 (attached hereto as Exhibit “A” and made a part hereof) shall -14- receive all medical, optical, dental, and prescription benefits that they received at the time of their retirement.
Section 8. The Town shall have the right to change carriers provided the coverage is equal to or better than the existing coverage.
Section 9. Association members shall receive the same insurance benefits provided to members of the P.B.A. and/or the F.M.B.A.
Section 10. A surviving spouse and surviving eligible dependants of a
deceased active employee of the Town entitled to medical, dental, and prescription benefits who has met the requirements of Section 2 of Ordinance 1051 (attached hereto as Exhibit “A” and made a part hereof) at the time of his death, or a deceased retired employee of the Town who was receiving medical, dental, and prescription benefits from the Town at the time of his death, shall be entitled to continuation of such medical, dental, and prescription benefits that the deceased member enjoyed at the time of his death.
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ARTICLE XII
FUNERAL LEAVE A. A member shall be granted time off without loss of pay or benefits in the event of a death in his immediate family. The time off shall be from the date of death until the date of the funeral. Immediate family shall be defined as follows: mother, father, son, daughter, sister, brother, husband, wife, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparents and grandchildren.
B. A member shall be granted one (1) day off without loss of pay or benefits in the event of the death of his aunt, uncle, niece or nephew on the date of the funeral, if he attends the funeral.
C. Effective January 1, 1990, all members shall be entitled to one (1) day of bereavement pay for the death of a grandparent-in-law provided the member is scheduled to work on the date of the funeral or wake.
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ARTICLE XIII
MILITARY LEAVE
Military leave shall be granted pursuant to Federal and State laws.
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ARTICLE XIV
SALARIES Section 1. The salaries of all employees covered by this bargaining agreement shall be established by Ordinance.
Section 2. The starting salary of all employees covered by this bargaining agreement shall be subject to the sole and absolute discretion of the appointing authority.
Section 3. Except as provided in Section 1, above, the salary of employees shall be adjusted in accordance with the provisions of Civil Service Law, Rules and Regulations.
Section 4. New employees to the Town of Harrison shall be appointed at salaries as established by the Mayor and Council.
Section 5. The provisions of this Article shall apply only to those employees who are actually employed on the date of the signing of this Agreement.
Section 6. The parties agree that the Ordinance referred to in Section 1 reflects:
The Town of Harrison will institute a bi-weekly pay schedule. The rate of increases are as follows: effective 1/1/02 + 3.5%; effective 1/1/03 + 3.75%; and, effective 1/1/04 + 3.75.0%.
Section 7. Effective July 1, 1993, an increment program shall be effective for those employees in the bargaining unit not at their maximum. The increment program shall provide an adjustment to the employees base salary of $1,000.00,-18- unless a smaller adjustment will bring the employee to the employee’s maximum. This program shall commence and be effective July 1, 1993 and the adjustment shall be made on every subsequent July 1st. No employee shall be paid a salary greater than their maximum pursuant to this program. New employees shall be under this program the first July after the first year anniversary.
Section 8. Effective January 1, 2005 the Town shall provide a 4% salary increase. Effective January 1, 2006 the Town shall provide a 4% salary increase.
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ARTICLE XV
LONGEVITY Section 1. In addition to wages, members shall receive longevity as follows:Effective January 1, 1985 After three (3) years Two (2%) percent
After five (5) years Four (4%) percent
After ten (10) years Six (6%) percent
After fifteen (15) years Eight (8%) percent
After twenty (20) years Ten (10%) percent
Beginning at year twenty-three (23) Twelve (12%) percent
Beginning at year twenty-four (24) Fourteen (14%) percent
Longevity will be paid in regular salary payments.
Any Town employee who receives longevity under the longevity program in existence prior to January 1, 1976, who would receive a reduction or no longevity under the new program, will be placed on a level on the new longevity program so that the Town employee will participate in the new program.
Effective July 1, 1995, all full-time services with the Town of Harrison shall be recognized for longevity purposes.LONGEVITY VACATION Separate and apart from the vacation days provided for in Article VII, all full-time permanent employees of the Town of Harrison, shall be allowed one (1) fully paid day off from work for each five (5) years of service to the Town.
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ARTICLE XVI
CHANGES, SUPPLEMENTS OR ALTERATIONS
MODIFICATION:
The parties hereto acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not covered by law from the area of collective negotiations and that the understanding and agreements arrived at by the parties after the execution of that right and opportunity are set forth in this Agreement.
Therefore, the Town and the Association, for the life of this Agreement, shall voluntarily and unqualifiedly waive the right, and each agree that the other shall not be expected to bargain collectively with respect to any subject or matter referred to or covered in this Agreement even though such subject or matter may have been in the knowledge or contemplation of the parties who have signed this Agreement.
Any modification to this Agreement is to be in writing and signed by both sides.
The Town agrees that it will not enter into any other agreement or contract with its employees as defined in Article I, Section 1, of this Agreement which in any way conflicts with the terms and provisions of this Agreement.
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ARTICLE XVII
SAVINGS AND SEPARABILITY CLAUSES In the event any provision or provisions of this Agreement are declared illegal or null and void, then said provision or provisions shall be deleted from this Agreement and the remainder of this Agreement shall continue in effect. If a direct economic benefit provision is declared illegal or null and void, then the parties shall renegotiate the sum of such provision.
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ARTICLE XVIII
WORKING HOURS For the duration of this Agreement, the Town, except in cases of emergency, shall not increase the regular hours of employees on an annualized basis over the regular non-overtime hours assigned in 1976 without additional compensation.
Effective 1/1/98, the regular work day for Town Hall employees is to be 9:00 a.m. to 4:30 p.m. with one (1) hour for lunch; the foregoing does not change any rights that the Town has under the existing Agreement. Effective 1/1/98, the regular working hours for all other employees shall be 7:30 a.m. to 4:00 p.m. with one (1) hour for lunch; the foregoing does not change any rights that the Town has under the existing Agreement.
Employees hired on and after 1/1/97 may be assigned to a work schedule other than Monday to Friday, i.e., Saturday may be an assigned regular work day with one day off during the regular week. The Town retains its right for all employees to establish a regular work week other than Monday through Friday.
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ARTICLE XIX
RECALL If an employee is recalled for any reason, he shall receive four hours minimum guarantee at his regular overtime rate of pay.
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ARTICLE XVIII
GRIEVANCE AND ARBITRATION PROCEDURE A. A “grievance” shall be any difference of opinion, controversy or dispute arising between the parties hereto relating to the alleged violation of, interpretation or application of any of the provisions of this Agreement.
B. A grievance to be considered in this procedure must be initiated by the employee within thirty (30) working days from the time the employee knew or should have known of its occurrence.
C. Failure at any step of this procedure to communicate that decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.
D. It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Town until such grievance has been fully determined.
STEP ONE:
The grievance shall be discussed with the employee involved and the Association representative with the employee’s supervisor as designated by the Town. The answer shall be in writing and made within three (3) days by the supervisor to the Association.
-25- STEP TWO:
If the grievance is not settled through Step One, the same shall, within five (5) working days be reduced to writing by the Association or the grievant and submitted to the Department Head, or any person designated by him, and the answer to such grievance shall be made in writing, with a copy to the Association within five (5) days of submission.
STEP THREE:
If the grievance is not settled at Step Two, then the Association shall have the right, within five (5) working days of the receipt of the answer at Step Two, to submit such grievance to the Mayor or any person designated by him. A written answer to such grievance shall be served upon the individual and the Association within seven (7) calendar days after submission.
STEP FOUR:
If the grievance is not settled through Step Three then the aggrieved shall have the right within five (5) working days, to pursue all legal remedies afforded by the provisions of the Civil Service Act.
If the grievance is not settled at Step Three and the aggrieved does not elect to pursue his grievance under the provisions of the Civil Service Act, then the Association shall have the right, within five (5) working days, to submit such grievance to an Arbitrator. The Arbitrator shall be selected in accordance with the rules and regulations of the Public Employment Relations Commission. The Arbitrator shall have full power to hear the dispute and make a final determination,
-26- which shall be binding on both parties. The Arbitrator does not have the right to add to, subtract from, or modify this Agreement in any manner. Each party shall bear its own costs of the arbitration, but costs of the Arbitrator shall be borne by the Town and the Association equally.
The Association President, or his authorized representative, may report an impending grievance to the Mayor in an effort to forestall its occurrence.
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ARTICLE XXI
DURATION OF AGREEMENT
This Agreement shall remain in effect from January 1, 2002 through midnight December 31, 2006. In the event a successor Agreement has not yet been renegotiated, then if the parties mutually agree, this Agreement shall remain in effect until a new Agreement has been concluded.
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INTENTIONALLY
LEFT BLANK
-29- IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective representatives and appropriately attested.
TOWN OF HARRISON HARRISON CIVIL SERVICE
EMPLOYEES ASSOCIATION
____________________________
Raymond J. McDonough Patricia Keohane
Mayor President
Date: Date:
ATTEST: ATTEST:
Paul J. Zarbetski Maureen T. Keeley
Town Clerk Secretary
Date: Date:
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TOWN OF HARRISON
COUNTY OF HUDSON
ORDINANCE NO. 1051
AN ORDINANCE AMENDING ORDINANCE NOS. 289, 315, 377, 423,
425, 527, 556, 557, 560, 568, 617, 623, 626, 655, 656, 657, 662, 663,677,
702, 744, 766, 792, 794, 810, 814, 832, 851, 899, 924, 979, AND 1001
CONCERNING CIVIL SERVICE EMPLOYEES OF THE TOWN OF
HARRISON, COUNTY OF HUDSON AND STATE OF NEW JERSEY, TO
ESTABLISH POSITION AND TO PROVIDE SALARY INCREASES FOR
EMPLOYEES OF THE TOWN OF HARRISON.
BE IT ORDAINED BY THE Mayor and Council of the Town of Harrison, County of Hudson and State of New Jersey, that:
SECTION 2: Pursuant to Title 40A:10-23, the employer assumes the entire cost of such coverage and pay all premiums for employees a. Who have retired on a disability pension, or b. who have retired after twenty-five (25) years or more of service credit in a State or locally administered retirement system and a period of service of four (4) years to twenty-five (25) years with the Town of Harrison at the time of retirement, or c. who have retired and reached the age of 65 years or older with twenty-five (25) years or more of service credit in a State or locally administered retirement system and a period of service of four (4) years to twenty-five (25) years with the Town of Harrison or d. who have retired and reached the age of 62 years or older with at least 15 years of service with the Town of Harrison, including premiums on their dependents, if any, under uniform conditions as the Mayor and Council shall prescribe. The period of time a county law enforcement officer has been employed by any county or municipal police department, sheriff’s department or county prosecutor’s office, may be counted cumulatively as “service with the employer” for the purpose of qualifying for payment of health insurance premiums by the county pursuant to this section.
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EXHIBIT “A” |