| i.
LABOR AGREEMENT
Between
COUNTY OF ATLANTIC
And
THE ATLANTIC COUNTY SHERIFF’S OFFICE
SUPERIOR OFFICERS ASSOCIATION
JANUARY 1, 2004 through DECEMBER 31, 2007
TABLE OF CONTENTS
ARTICLE 1. RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 2. SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 3. DUES CHECK-OFF AND AGENCY SHOP . . . . . . . . . . . . . . . . . . . . .
ARTICLE 4. WORK SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 5. OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 6. CALL IN TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 7. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 8. PERSONAL TIME/COMPENSATORY TIME . . . . . . . . . . . . . . . . . . .
ARTICLE 9. CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 10. SALARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 11. SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 12. LEAVES OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 13. VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 14. INSURANCE AND WORKERS’ COMPENSATION . . . . . . . . . . . . .
ARTICLE 15. GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 16. TRAINING AND SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 17. FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 18. MANAGEMENT’S RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 19. LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 20. SAFETY, HEALTH AND ADMINISTRATION . . . . . . . . . . . . . . . . .
ARTICLE 21. SEPARABILITY AND SAVINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 22. FULLY BARGAINED AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 23. DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 1
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ARTICLE 1. RECOGNITION
1.1 The County of Atlantic and the Sheriff of Atlantic County, herein referred to as the “Employer”, hereby recognizes the Atlantic County Sheriff’s Office Superior Officers Association, herein referred to as the “Association”, as the sole and exclusive collective negotiating agency and representative for all Sheriff’s Officer Lieutenants and Captains.
1.2 The titles listed and “employee” shall be defined to include the plural as well as the singular and to include male as well as female gender.
1.3 The Association’s representative shall have access to the Sheriff’s Office offices when off duty to conduct association business so long as such access does not interfere with normal operations. Access shall not be unreasonably denied.
ARTICLE 2. SENIORITY. 2.1 Seniority is defined as an employee’s total length of service with the Sheriff’s Office beginning with the initial date of hire.
2.2 Seniority in rank is defined as an employee’s total length of service with the Sheriff’s Office beginning with the date of permanent appoint to his/her current rank.
2.3 When two or more superiors are permanently promoted on the same date, seniority will be determined by the date of hire with the Sheriff’s Office. If the hire date is the same then the determination shall be by lot.
ARTICLE 3. DUES CHECK-OFF AND AGENCY SHOP. 3.1 Dues Deduction
3.1.1 The employer agrees to deduct monthly membership dues from the regularly issued paychecks of the individual members of the organization who make such request in writing. Deductions shall be made no less then monthly and shall be certified along with the remittance and list of membership to the organizations representative. The certification, list and remittance shall be made no later then the 10th day of the month succeeding the deduction.
3.1.2 A notice of desire to terminate the above mentioned deduction must be made in writing to both the employer and the Association no less than 30 days prior to the effective date of requested termination.
3.2 Agency Shop
3.2.1 The employer agrees to implement an agency shop in accordance with Chapter 477 of the Laws of 1979, with a representation fee for non-members equivalent to 85% of the regular membership dues, fees and assessments. The Association, in exchange for implementation of said agency shop, hereby agrees to hold the Employer harmless against any and all claims or suits or any other liability occurring as a result of the agency shop provision.
ARTICLE 4. WORK SCHEDULE. 4.1 All employees covered under this agreement shall work a 40 hour week, including a working lunch period.
4.2 All employees required by the employer to report in early for a shift change shall be paid for such time.
4.3 A regular work schedule shall be defined as a period of five consecutive days of work and two consecutive days off.
4.4 Employees shall be given 5 days notice of work schedule changes except for emergent conditions.
4.5 Changes in the work schedule (such as 4 - 10 hour days) must be agreed to by both the employee and the employer, except in emergent circumstances on a temporary basis.4.6. Any time off given other County employees (such as late opening for inclement weather, etc.) will be given to employees covered under this contract. If employees covered under this contract are required to report in, they will receive compensatory time for the time.
ARTICLE 5. OVERTIME 5.1 Overtime will be paid for hours worked over 40 in any given work week.
5.2 Effective upon the signing of this contract, the following will be counted as hours worked for the purpose of computing overtime:
5.2.1 All hours actually worked.
5.2.2 Holidays (New Year’s Day, Thanksgiving, Christmas)
5.2.3 Vacation days
5.2.4 Administrative days
5.2.5 Bereavement days
5.3 Overtime shall be paid in cash, at the rate of time and one-half of the regular hourly rate for the person working the overtime.
5.4 Overtime will be distributed fairly among those persons qualified to perform the assignment.
5.5 The employee shall have the option of taking compensatory time (at time and on-half) or paid overtime. Compensatory time and paid overtime may be mixed in a given pay period, but a separate overtime slip must be turned in for each method of payment.
5.5.1 Section overtime. Overtime shall first be distributed by section (Example: Warrant Section overtime will first be offered to those that work in the Warrant Section).
ARTICLE 6. CALL-IN TIME. 6.1 Any Superior Officer who is requested to and does return to work during periods not contiguous to his/her regularly scheduled shift shall be paid overtime at the premium rate of time and one-half with a minimum guarantee of four hours pay, except as noted in 6.3.
6.2 Call-in time shall be paid portal-to-portal.
6.3 Call-in time shall end when the normal work shift starts. If this is less than two hours the employee shall be paid a minimum of two hours overtime.
6.4 Employees who are required to be on call and/or are requested or ordered to carry a pager on a regular basis (an average of at least 3 weeks out of every 4) shall be entitled to “pager time” at the rate of six (6) hours per month to be paid in compensatory time.
ARTICLE 7. HOLIDAYS 7.1 There shall be thirteen paid holidays as published by the county. Employees shall receive one day’s holiday pay for each holiday.
7.2 Employees who work on the holiday shall be paid in addition to the holiday pay, time and one-half for working the holiday.
7.3 Holidays which fall within an employees scheduled vacation shall be paid as holidays and not counted against vacation time.
7.4 If other county employees are given the day after Thanksgiving or any other day off by declaration of the County Executive, for pay purposes it shall be considered a holiday for employees covered by this agreement.
ARTICLE 8. PERSONAL TIME/COMPENSATORY TIME 8.1 All employees covered by this agreement shall be entitled to 3 days administrative time annually.
8.2 Administrative/Compensatory time may be used in increments of one hour and should be scheduled in advance, if possible.
8.3 Request for the use of personal/compensatory time at the beginning of a shift must be approved in advance.
8.4 Administrative Time must be used in the year it is accrued.
8.5 Compensatory time may be carried from year to year.
ARTICLE 9. CLOTHING ALLOWANCE
9.1 Employees shall receive a clothing allowance and replacement allowance to be paid no later than November 15th of each year as follows:
Effective 1/1/04 $1,150
Effective 1/1/05 $1,300
Effective 1/1/06 $1,350
Effective 1/1/07 $1,350
ARTICLE 10. SALARY
2004 2005 2006 2007
Lieutenants $68,036 $70,928 $73,765 $76,716
Captains $73,262 $76,375 $79,430 $79,430
The increases in salary shall be retroactive to their effective dates. Retroactive
payment of any kind, including salary increases, will not be made for those employees who separate from employment prior to the date on which payment is made. This does not apply to employees who “retire” from the County. The definition of retirement is found in Article XIV, Paragraph D.
Unit employees shall receive a one time payment of $500 not added to base upon the signing
of this Agreement.
ARTICLE 11. SICK LEAVE
11.1 Employees shall accrue sick leave at the rate of 15 days per year.
11.2 Sick leave for the year shall be pro-rated if the employee leaves the employee of the Sheriff’s Office prior to December 31 of the year.
11.3 Unused sick leave may be carried from year to year and accumulate until needed.
11.4 Sick leave may be used for the following purposes:
11.4.1 Illness by the employee.
11.4.2 Emergency attendance upon a member of his/her immediate family requiring the presence of the employee.
11.4.3 Taking medication which prevents the employee from performing his/her duties.
11.5 The Sheriff may require proof of items 11.4.2 and 11.4.3.
11.6 If an employee is absent for five consecutive working days he/she may be requested by the sheriff to provide a doctor’s certificate upon return to work.
11.7 Employees shall be required to comply with the Sheriff’s Office policy on call-in of sick time use.
11.8 Terminal Leave - Any employee covered under the terms of this agreement who retires from county service under the police and Firemen’s Retirement System or Public Employees Retirement system shall be paid for fifty percent (50%) of his accrued sick leave, up to a maximum of $22,500.00 for Lieutenants and Captains.
11.9 Perfect Attendance - There will be a perfect attendance quarterly bonus of $100.00 plus $200.00 additional for annual perfect attendance. (Perfect attendance for the entire calendar year would result in a payment of $600). Perfect attendance excluded only administrative, approved furlough, bereavement and vacation day usage.
11.10 Disability Pool - Members will be eligible for participation in the County Disability Pool. This pool has as its purpose the granting of wage continuation to employees who, because of non-job related illness, have exhausted all accrued sick and vacation time.
11.10.1 Each member will supply two (2) sick days (to be matched by the County) so an appropriate bank of days can accumulate. Members may be required to contribute additional days to keep an appropriate amount of days in the pool. Upon exhaustion of all sick and vacation time, a member may utilize the pool for wage continuation to a maximum of 120 days.
11.10.2 The disability pool, in essence, advances a member’s annual leave days in the case of disability. Upon return to work, the member must pay back the days utilized under the disability pool. The County will reclaim these days by deducting one-half (.5) of the member’s sick and annual leave time each subsequent year until all time has been repaid.
ARTICLE 12. LEAVES OF ABSENCE 12.1 Service credit shall continue to accrue during paid leaves of absence.
12.2 Leaves of Absence shall be granted as provided under New Jersey Department of Personnel statutes, rules and regulations.
12.3 Military Leave
12.3.1 Any permanent employee who is a member of the National Guard or Reserve of the military or naval forces of the United States and is required to undergo field training pursuant to N.J.A.C. 5A:2-2.3(b) or 5A:2-2.3(c) shall be granted a leave of absence, not to exceed two weeks, with pay, for the period of such training. This leave shall be in addition to annual vacation leave granted the employee. In order to receive such leave, the employee must take any action required to insure that the employer receives orders, NJDMAVA Form 33 or other such documents as may contain statements identifying the military duty as mandatory and in conformance with the above-referenced statutes.
12.3.2 Any other leave of absence with pay for training will be in accordance with the appropriate state and federal statutes concerning same.
12.4 Family Leave
12.4.1 Shall be in accordance with federal and state family and medical leave acts.
12.5 Absence without leave.
12.5.1 Any unauthorized absence of an employee from duty shall be an absence without leave and is cause for disciplinary action.
12.5.2 Leave granted for a particular reason and used for a purpose other than that for which such leave has been granted shall be an unauthorized absence and is cause for disciplinary action. A leave of absence with pay of three days shall be granted to a permanent employee desiring such leave because of a death in the “immediate family”.
“Immediate family” is defined as:
1. Mother or father,
2. Mother-in-law or father-in-law,
3. Brother or sister,
4. Brother-in-law or sister-in-law,
5. Spouse,
6. Children or step-children or
7. Grandmother or grandfather.
12.6.2 Employees shall provide a copy of a death certificate or other sufficient proof upon return from bereavement leave, if requested by the Sheriff.
ARTICLE 13. VACATION 13.1 Up to one year- 1 day per month
13.2 After one year and up to five years- 15 days annually
13.3 After five years up to 12 years- 18 days annually
13.4 After 12 years up to 20 years- 21 days annually
13.5 After 20 years- 25 days annually
13.6 Vacation pay shall be paid at the employee’s straight time rate.
13.7 Vacations shall be scheduled and granted to employees based on the following conditions.
13.7.1 Employees shall submit vacation slips to their immediate supervisor.
13.7.2 In the event more employees request the same vacation time then can be accommodated, requests will be granted based on seniority.
13.7.3 Vacation time will be granted on a first-come-first-served basis, however, any employee requesting a minimum of five days shall be given preference over an employee requesting a single day.
13.7.4 A maximum of two years vacation time may be carried over.
13.8 Any employee separated from the service of the Employer for any reason prior to taking his/her vacation shall be compensated in a lump-sum for the unused vacation he/she has accumulated up to the time of separation at his/her current rate of pay.
ARTICLE 14. INSURANCE AND WORKERS’ COMPENSATION A. Health Benefits
1. Effective August 1, 2003 employees and their eligible dependents shall be provided comprehensive medical and hospital coverage in accordance with the provisions of the New Jersey State Health Benefits Program. Employees shall be provided a choice from among the State Health Program’s plan offerings.
2. Prescription drug coverage shall be provided to all employees and their dependents in accordance with the freestanding prescription plan offered by the New Jersey State Health Plan.
3. Employees and their dependents shall also be provided optical and dental coverage through the County’s own provider contracts.
All of the coverages outlined above will be provided to the employees and their dependents without premium copays and shall extend at least throughout the duration of this Agreement and through the completion of negotiations for a successor Agreement.
The provisions of this Article shall not be interpreted so as to diminish any rights or benefits provided by the March 13, 2003 agreement regarding health benefits.
The Union and the County agree that they will reopen negotiations should an coverage provision for optical or dental care change during the time frames of this contract.
4. Employee, as used herein, means a bargaining unit member who works more than twenty (20) hours per week. The employee’s eligible dependents for benefits include the employee’s spouse and dependent children until they reach the age of 19 unless the plan provides benefits beyond the age of 19. Dependent children who are full time students will be covered until the age of 23. Fourteen (14) credits is considered a full time student (unless the particular college or university considers 14 credits as beyond maximum full-time status and in such cases 12 credits would be acceptable).
B. Health Benefits at Retirement – An employee who retires shall be eligible for County paid health benefits coverage for three (3) years after retirement, commencing with the employee’s retirement date. Retirement is currently defined in accordance with N.J.S.A. 40A:10-23 as having 25 years or more of service credit in the State Pension Plan and a period of full time service of up to 25 years with Atlantic County at the time of retirement or upon reaching the age of 62 or older and having at least 15 years of service with Atlantic County. Health benefits coverage is defined as the coverage currently in force at the time of retirement and any changes to such coverage as may occur during the three (3) year period of employer-paid coverage.
For those employees hired before January 1, 1997, their prior law enforcement service shall be counted cumulatively as “service with Atlantic County” for the purpose of qualifying for payment of post-retirement health benefits as outlined above.
C. Leaves of Absence – When an employee is granted a leave of absence unrelated to any Family and Medical Leave Act, the coverage of that employee and his dependents will be terminated unless the employee reimburses the County in full for the premium due during the leave in advance of taking such leave. If the employee opts not to pay for coverage, then benefits will be reactivated upon the employee’s return from leave of absence. In no event can this period of reimbursed coverage exceed six (6) months. Any employee who goes to an unpaid status for 15 or more calendar days is liable for payment of premiums retroactively to the first day of unpaid status.
D. Those employees who meet the eligibility requirement for COBRA will be provided with continuation coverage under the provisions of COBRA as administered by the various plans.
E. Workers’ Compensation. When an employee of the Atlantic County Sheriff’s Office is injured on duty during working hours, he/she will be entitled to worker’s compensation benefits as set forth by New Jersey Statute (N.J.S. 34:150. Employees injured or disabled in the course of their employment shall receive the difference between their regular rate of pay and disability or worker’s compensation payments that they receive for a period not to exceed one (1) year.
ARTICLE 15. GRIEVANCE PROCEDURE
15.1 The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment under this agreement.
15.2 Nothing herein will be construed as limiting the right of any employee having a grievance to discuss the matter, informally, with the sheriff, appropriate under sheriff or supervisor.
15.3 The term “grievance” as used herein means any controversy arising over (1) the interpretation, application, or alleged violation of the terms and conditions of this Agreement, or (2) any controversy arising out of policies or administrative decisions affecting the terms and conditions of employment. A “grievance” may be raised by an individual, the association on behalf of the individual or a group of individuals.
15.4 The following constitutes the sole and exclusive method for resolving grievances between parties covered by this agreement and shall be followed in its entirety unless any step is waived by mutual consent:
STEP 1 - The grievance shall be submitted in writing to the Immediate Commander within ten (10) calendar days of the occurrence of the grievance (or the grievant becoming aware of the grievance. The Immediate Commander shall submit a written answer to the Association within seven (7) calendar days of the submission date.
STEP 2 - If the grievance is not satisfactorily adjusted at Step 1 the grievant (or Association) may appeal within 10 calendar days to the Under Sheriff, who will review the grievance and submit his position in writing within ten (10) calendar days of submission to step 2.
Step 3 - If the grievance is not satisfactorily adjusted at Step 2 the grievant (or Association) may appeal within ten (10) calendar days to the Sheriff. The Sheriff shall submit a written answer to the grievance within ten (10) calendar days after submission to Step 3. Policy grievances affecting substantial numbers of employees (30% or greater) covered by this agreement may proceed directly to the Third Step.
STEP 4 - If the grievance is not settled through steps 1,2or 3 and only if the grievance alleges a violation of terms and conditions of this agreement, then the grievant shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the Public Employment Relations Commission within ten (10) days of the date on which the response of this representative was received or should have been received. The costs for the services of the arbitrator shall be borne by the party against whom the arbitrator decides. In the event the arbitrator reaches a decision in which both parties were found to be partially at fault, the costs will be borne equally. Any other expenses, including but not limited to the presentation of witnesses, shall be paid by the parties incurring the same.
15.5 The arbitrator shall be bound by the provisions of this agreement and the constitution and laws of the State of New Jersey, and be restricted to the application of the facts presented to him/her involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this agreement or any amendment or supplement thereto. The decision of the arbitrator shall be binding.
15.5 The designated Association representative shall be permitted as members of the grievance committee to confer with employees and the County on specific grievances in accordance with the grievance procedure set forth herein during the work hours of the employees, without loss of pay, provided the conduct of said business shall not diminish the effectiveness of the Atlantic County Sheriff’s Office or require the recall of off-duty employees.
15.7 The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limit specified, then the grievance shall be deemed to have been abandoned. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed thereunder, then the disposition of the grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed for decision at any step in the grievance procedure, then the grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing in writing to extend or contact the time limits provided for processing the grievance at any step in the grievance procedure.
15.8 In the event the aggrieved elects to pursue remedies available through the NJ Department of Personnel, the grievance shall be canceled and the matter withdrawn from this procedure. It is agreed between parties that no arbitration hearing shall be held until after the expiration of at least thirty (30) calendar days after the decision rendered by the sheriff on the grievance. In the event the grievant pursues his/her remedies through the NJ Department of Personnel, the arbitration hearing, if any, shall be canceled and the filing fees and expenses incurred thereby shall be paid by the grievant or the association.
ARTICLE 16. TRAINING AND SECURITY 16.1 The employer shall provide adequate training and in-service training for each employee. All personnel shall receive in-service training, to include, but not limited to; chemical agents, firearms, control and restraint. Personnel will also be provided training in the laws, policies, procedures and rules concerning all of the above.
Employees who take training on their own time and expense directly related to their assignment shall be eligible for reimbursement for such training up to 90% provided that the training course was approved in advance by the Sheriff (in writing) and they successfully complete the entire training program as detailed in their request. Reimbursement within two (2) years from separation from county service, other than by retirement or death, shall be repaid.
ARTICLE 17. FRINGE BENEFITS
17.1 The employer shall also make available to each employee a physical examination (including a treadmill stress test and x-rays if required by the doctor) at least once annually upon the request of the employee at no cost to the employee. The county will provide, at its expense, medical screening for any employee who, after being exposed to a contagious disease as part of his/her employment, either shows symptoms, or who was so exposed under unusually dangerous conditions. If the employee tests positive, the county will provide at its’ expense, medical screening for the employee’s immediate family (those who reside with the employee). Contagious diseases, for the purposes of this section, include, but are not limited to: AIDS, hepatitis, mononucleosis, strep infection, tuberculosis, herpes and Lyme Disease.
17.2 The employer shall hold each employee harmless from any loss, claim or liability to any third person or persons arising out of any non-negligent action or failure to act by the employee in the course of his/her employment. This means an employee is not held harmless if his/her conduct is knowingly negligent, reckless, knowing or purposeful. The employer shall reimburse any employee for all necessary and reasonable expense, including legal fees, incident to the defense of any such claim as described in the first sentence of this paragraph. However, the county shall provide a pool of attorneys from whom the individual employee may choose the specific attorney of his/her choice. If an employee chooses a non-pool attorney, the hourly rate reimbursed shall not be higher than the pool attorney rate.
17.3 The county agrees to grant time off without loss of regular straight time pay to the association representative (or appointed alternative) for the purpose of attending regularly scheduled meetings of New Jersey State Superior Officer’s Association, provided that at least forty-eight (48) hours written notice is given to the employer.
17.4 An employee has the right, on his/her own time, to access the County’s and/or Sheriff’s official personnel file kept for the employee, and all records as may be kept by the employer or his agents, pertaining to the employee, and the employer shall permit the employee to respond in writing to any document in said file, within one (1) month of the employee being notified of its being placed therein. This response shall be attached to the particular document or instrument concerned and be made a permanent part thereof. The employer agrees to provide the employee a copy of any document or instrument contained in said files upon request of the employee (this shall be at the employees cost if the amount of copies exceeds 10). No unsigned document or instrument (except for regular employment records which, by their nature, require no signature), nor any document or instrument of unknown or questionable origin shall be used against any employee in a disciplinary matter.
17.5 Any employee required to appear in court on agency business during off-duty hours shall be paid for all documented time at overtime rates as defined herein, measured from the time of leaving the sheriff’s Office to the courthouse and back (Travel time for courts in Atlantic County shall not exceed 30 minutes round trip).
17.6 A reimbursement program for course work directly job related, or job essential, is provided. Course work must be taken from an approved educational facility. Rates are as follows:
Undergraduate work: $650.00 per year, maximum
Graduate work: $1000.00 per year, maximum
ARTICLE 18. MANAGEMENT’S RIGHTS 18.1 It is the right of the Sheriff:
18.1.1 To determine the standards for the selection of employees according to NJ Dept. Of Personnel rules and regulations.
18.1.2 To direct employees.
18.1.3 To maintain the efficiency of operations.
18.1.4 To take all necessary actions to carry out the agencies responsibilities in emergencies, emergencies to be construed as acts of God and/or acts or incidents beyond the control of any person or agency, for example, riots, fires, vehicular accidents, etc..
18.1.5 To exercise complete control and discretion over the organization and the technology of performing the work.
18.1.6 To develop and assign all work schedules pursuant to the terms of this agreement.
18.2 It is understood and agreed that the Sheriff, in his sound discretion, possesses the right, in accordance with applicable laws, to manage all operations, including the direction of the working force and the right to plan, direct and control the operation of all equipment and other property under the control of the Sheriff, except as limited by this agreement.
18.3 Matters of inherent managerial policy are reserved exclusively to the Sheriff. These include, but shall not be limited to, such areas of discretion in policy as the functions and programs of the employer, including but not limited to standards of service, the overall budget, utilization of technology, the organization structure and selection and utilization of personnel.
18.4 The listing of specific rights in this article is not intended to nor shall be considered restrictive or a waiver of any rights of the management not listed herein.
ARTICLE 19. LONGEVITY 19.1 Commencing January 1, 1998 longevity shall be implemented each year of this agreement in the following manner:
1st day of the 6th year thru and including the last day of the 10th year - $800.00
1st day of the 11th year thru and including the last day of the 15th year - $1,150.00
1st day of the 16th year thru and including the last day of the 20th year - $1,700.00
1st day of the 21st year and thereafter $2,500.00
ARTICLE 20. SAFETY, HEALTH AND ADMINISTRATION 20.1 The employer shall provide employees with any wearing apparel, tools or devices/equipment reasonably necessary in order to insure their safety, health and security.
ARTICLE 21. SEPARABILITY AND SAVINGS 21.1 If any provision of this agreement or any application of this agreement to any employee, member or group of employees or members, is held to be invalid by operation of law by the decision of any court or other tribunal of competent jurisdiction, then such provision and application shall be deemed inoperative. However, all other provisions and applications contained herein shall continue in full force and effect, and shall not be affected thereby.
21.2 Nothing contained herein shall be construed as denying or restricting any employee’s rights available under any other applicable laws and regulations.
21.3 The provisions of this agreement shall be subject to and subordinate to state law, but nothing contained herein shall be deemed to subordinate this contract to county ordinances.
21.4 Except as otherwise provided in this agreement, the failure to enforce any provision of this agreement shall not be deemed a waiver thereof. This agreement is not intended and shall not be construed as a waiver of any right or benefit to which the parties herein are entitled by law.
21.5 Any changes or modifications in negotiable terms and conditions of employment shall be made only after negotiation with the association. Proposed new rules or modifications of existing rules governing terms and conditions of employment shall be negotiated with the association before they are established.
21.6 Changes mandated by State or Federal laws shall control the parties where appropriate.
ARTICLE 22. FULLY BARGAINED AGREEMENT 22.1 Both parties agree that this agreement represents all appropriate bargained issues. This agreement incorporates all rights and obligations assumed by each to the other as a result of the collective bargaining process. This agreement represents and incorporates the complete and final understanding and settlement by the parties regarding all bargainable issues, with the exception f those issues which are subject to the re-opening of this agreement as specifically provided for within the terms and conditions of this agreement, or those issues which may or could arise at a later date during the life of this agreement which parties recognize, by mutual consent, should or must be made a part of this agreement.
ARTICLE 23. DURATION This agreement shall be in full force and effect as of January 1, 2004, and shall remain in effect to and including December 31, 2007. This agreement shall continue in full force and effect from year to year thereafter, unless one party or the other gives notice, in writing, not later than one hundred twenty (120) days prior to the expiration of this agreement. Any agreement so negotiated shall apply to all employees, shall be reduced to writing, and shall be signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals.
ATLANTIC COUNTY SHERIFF’S OFFICE COUNTY OF ATLANTIC
SUPERIOR OFFICERS ASSOCIATION
BY____________________________________ ________________________
Steven Caldwell, President Dennis Levinson County Executive
DATE:________________ DATE:_________________
______________________________________
Captain Joseph Bruno __________________________
James F. Ferguson
County Counsel
DATE:________________ DATE:__________________
______________________________
Lt. Joseph Mineer
DATE:
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