PREAMBLE 1

ARTICLE I
RECOGNITION 1

ARTICLE II
MANAGEMENT RIGHTS 1

ARTICLE III
RULES AND REGULATIONS 2

ARTICLE IV
NON-DISCRIMINATION 3

ARTICLE V
MAINTENANCE OF WORK OPERATIONS 3

ARTICLE VI
GRIEVANCE PROCEDURE 4

ARTICLE VII
DISCIPLINE 6

ARTICLE VIII
DUES DEDUCTION AND AGENCY SHOP 6

ARTICLE IX
HOURS OF WORK AND OVERTIME 8

ARTICLE X
SALARIES AND WAGES 9

ARTICLE XI
LONGEVITY 11

ARTICLE XII
VACATIONS 11

ARTICLE XIII
HOLIDAYS 13

ARTICLE XIV
PERSONAL DAYS 13

ARTICLE XV
SICK LEAVE 14

ARTICLE XVI
BEREAVEMENT LEAVE 15

ARTICLE XVII
JURY LEAVE 16

ARTICLE XVIII
INJURY LEAVE 16

ARTICLE XIX
MATERNITY LEAVE 18

ARTICLE XX
MILITARY LEAVE 18

ARTICLE XXI
UNION LEAVE 19

ARTICLE XXII
LEAVE OF ABSENCE WITHOUT PAY 19

ARTICLE XXIII
ABSENCE WITHOUT LEAVE 20

ARTICLE XXIV
HOSPITAL AND MEDICAL INSURANCE 20

ARTICLE XXV
PERSONNEL FILES 21

ARTICLE XXVI
BULLETIN BOARD 21

ARTICLE XXVII
PROMOTIONS 22

ARTICLE XXVIII
PROBATIONARY PERIOD 22

ARTICLE XXIX
SENIORITY 23

ARTICLE XXX
LAYOFF AND RECALL 23

ARTICLE XXXI
TRANSFER 25

ARTICLE XXXII
SEPARABILITY AND SAVINGS 25

ARTICLE XXXIII
FULLY BARGAINED AGREEMENT 26

ARTICLE XXXIV
MISCELLANEOUS 26

ARTICLE XXXV
DURATION 27

Wherever used herein, the term "employees" shall mean and be construed only as referring to all clerical employees and dispatchers employed by the Borough of Hightstown.

The executive management and administrative control of the Borough Government and its properties and facilities and activities of its employees, utilizing personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Borough.

To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, to decide the number of employees needed for any particular time and to be in sole charge of the quality and quantity of the work required.

The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety and/or the effective operation of the Borough after advance notice thereof to the employees.

To hire all employees, to promote, transfer, assign or retain employees in positions within the Borough.

To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for just cause according to law.

To lay off employees in the event of lack of funds or under conditions where continuation of such work would be inefficient and non-productive.

The Borough reserves the right with regard to all other conditions of employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation of the Borough.

Nothing contained herein shall be construed to deny or restrict the Borough of its rights, responsibilities and authority under R.S. 40A:1-1 et seq. or any other national, state, county or local law or regulations.

B. The Borough and the Union agree that all employees covered under this Agreement have the right without fear of penalty or reprisal to form, join and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the Borough or the Union against any employee because of the employee's membership or non-membership or activity or non-activity in the Union.

B. The Union agrees that it will make every reasonable effort to prevent its members from participating in any strike, work stoppage, slow-down or other activity aforementioned, or from supporting any such action by any other employee or group of employees of the Borough, and that the Union will publicly disavow such action and order all such members who participate in such activities to cease and desist from same immediately and to return to work..

C. Nothing contained in this Agreement shall be construed to limit or restrict the Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damage, or both, in the event of such breach by the Union or its members.

D. The Borough agrees that it will not engage in the lockout of any of its employees.

B. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Department.

C. The term "grievance" as used herein means an appeal by the Union on behalf of an individual employee or group of employees, from the interpretation, application or violation of any provisions of this Agreement.

D. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any Step is waived by mutual consent:

Step One: The Union shall institute action under the provisions hereof within five (5) business days after the event giving rise to the grievance has occurred, and an earnest effort shall be made to settle the differences between the aggrieved employee and the immediate supervisor for the purpose of resolving the matter informally. Failure to act within said five (5) business days shall be deemed to constitute an abandonment of the grievance.

Step Two: If no agreement can be reached orally within five (5) calendar days of the initial discussion with the immediate supervisor, the aggrieved or the Union may present the grievance in writing within ten (10) calendar days thereof to their respective Department Head or his designated representative. The written grievance at this Step shall contain the relevant facts, the applicable Section of the Contract allegedly violated, and the remedy requested by the grievant. The Department Head or his designated representative will answer the grievance in writing within ten (10) calendar days of receipt of the written grievance.

Step Three: If the Union wishes to appeal the decision of the Department Head, such appeal shall be presented in writing to the Borough Administrator within ten (10) calendar days thereafter. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Borough Administrator shall respond, in writing, to the grievance within twenty (20) calendar days of the submission.

Step Four: If the Union wishes to appeal the decision of the Borough Administrator, such appeal shall be presented in writing to the governing body within twenty (20) calendar days thereafter. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The governing body shall consult and respond to the grievance within thirty (30) calendar days of the submission.

Step Five: If the grievance is not settled through Steps One, Two, Three and Four, either party shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the Public Employment Relations Commission within twenty (20) calendar days after receipt of the governing body's response.

2. The fees and expenses of the arbitrator shall be borne equally by the parties. Any other expenses incurred by the parties, including but not limited to the presentation of witnesses, shall be borne by the party incurring same.

3. The arbitrator shall be bound by the terms and conditions of this Agreement and shall not have any power to add to, subtract from or in any way modify any of the terms of this Agreement.

4. The decision of the arbitrator shall be in writing with the reasons therefore and shall be binding upon the parties, subject, however, to the provisions of N.J.S.A. 2A:24-1 et seq..

G. The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits 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 to extend or contract the time limits for processing the grievance at any Step in the grievance procedure.

verbal reprimand
written reprimand
suspension without pay
termination

Employees shall receive an employee interview with the employee's Department Head whenever disciplined. The type and results of the interview, along with any employee response, shall be recorded and placed in the employee's personnel file.

Employees shall have the right to have a representative present at the employee's request at any and every step of the disciplinary procedure. A copy of a disciplinary action shall be given to the Shop Steward.

B. A check-off shall commence for each employee who signs a properly dated authorization card supplied by the Union and verified by the Borough Treasurer during the month following the filing of such card with the Borough.

C. If during the life of this Agreement there shall be any change in the rate of membership dues, the Union shall furnish to the Borough written notice thirty (30) days prior to the effective date of such change and shall furnish to the Borough either new authorizations from its members showing the authorized deduction for each employee, or an official notification on the letterhead of the Union and signed by the President of the Union advising of such changed deduction.

D. The Union will provide the necessary "check-off authorization" form and the Union will secure the signatures of its members on the forms and deliver the signed forms to the Borough Clerk.

E. Any such written authorization may only be withdrawn between the period of the 1st of April and the 30th of June by filing a withdrawal notice with the Borough Treasurer. The filing of notice of withdrawal shall be effective to halt deductions in accordance with N.J.S.A. 52:14-15.9e, as amended.

F. The Borough agrees to deduct the fair share fee from the earnings of those employees who elect not to become members of the Union and transmit the fee to the majority representative.

G. The deduction shall commence for each employee who elects not to become a member of the Union during the month following written notice from the Union of the amount of the fair share assessment. A copy of the written notice of the amount of the fair share assessment must also be furnished to the New Jersey Public Employment Relations Commission.

H. The fair share fee for services rendered by the Union shall be in an amount equal to the regular membership dues, initiation fees and assessments of the Union, less the cost of benefits financed through the dues and available only to members of the Union, but in no event shall the fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.

I. The sum representing the fair share fee shall not reflect the costs of financial support of political causes or candidates, except to the extent that it is necessary for the Union to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract administration, and to secure for the employees it represents advances and wages, hours and other conditions of employment which ordinarily cannot be secured through collective negotiations with the Borough.

J. Prior to January 1st and July 31st of each year, the Union shall provide advance written notice to the New Jersey Public Employment Relations Commission, the Borough and to all employees within the unit, the information necessary to compute the fair share fee for services enumerated above.

K. The Union shall establish and maintain a procedure whereby any employee can challenge the assessment as computed by the Borough. This appeal procedure shall in no way involve the Borough or require the Borough to take any action other than to hold the fee in escrow pending resolution of the appeal.

L. The Union shall indemnify, defend and save the Borough harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Borough in reliance upon salary deduction authorization cards or the fair share assessment information as furnished by the Union to the Borough, or in reliance upon the official notification on the letterhead of the Union and signed by the President of the Union, advising of such changed deduction.

B. Employees must be present and ready for work at the designated starting time for their operation. Employees must not leave work until the designated quitting time.

C. Lunch breaks of a one (1) hour duration, except for dispatchers, are staggered where necessary to afford maximum availability to the public, unless otherwise approved by the Department Head, and employees must return to work at the designated time. Continuous work schedules without lunch breaks are prohibited under normal circumstances. Under no circumstances shall the lunch break commence later than five (5) hours after the starting time.

D. Overtime is any approved time worked over and above the normal workweek. If the needs of the Borough require work done on an overtime basis, employees may reasonably be required to work beyond the hours normally worked.

E. Overtime will be scheduled and authorized in advance by the Department Head or Supervisor as necessary.

F. A Department Head or Supervisor who anticipates the need for considerable overtime should give employees advance notice of required overtime work pending.

G. Volunteers shall be sought for overtime on a rotating seniority basis first. If there are no volunteers, the assignment of overtime shall be made on a rotating basis among those employees who are capable of performing the work as determined by the Department Head.

H. A rotation system of overtime assignments should be in effect when more than one person in the organization is capable of performing the work to be done. The rotation shall be in order of seniority.

I. Absence on approved leave during the basic workweek should not reduce the amount of overtime pay to which an employee may be entitled. Whenever the hours of the work week are shortened by a legal holiday or other officially excused day, time worked in excess of the shortened hours is considered overtime.

J. Unauthorized working of overtime may be cause for disciplinary action.

K. 1. Employees working beyond their normally scheduled workweek up to forty (40) hours per week will be compensated at the hourly rate.

2. Employees working over forty (40) hours per week must be paid at the rate of one and one-half (1 ½) times their hourly rate.

L. All hours worked overtime and the reasons for the overtime will be properly recorded on the employee's time sheet after being authorized in advance by the Department Head.

M. An employee who must return to work after regular hours which are not contiguous to his regular workday or on a weekend or holiday will be paid for a minimum of two (2) hours work at the appropriate rate of pay.

N. Department Heads will authorize in advance all overtime to be worked by employees within their department.

B. Effective January 1, 2007, each employee covered by this Agreement shall receive a three percent (3%) increase added to his/her base salary of December 31, 2006.

C. Effective January 1, 2008, each employee covered by this Agreement shall receive a three and one half percent (3.5%) increase added to his/her base salary of December 31, 2007.

D. Effective January 1, 2009, each employee covered by this Agreement shall receive a three and one-half percent (3.5%) increase added to his/her base salary of December 31, 2008.

E. Any covered employee with at least two years seniority over any other full-time employee working in the same title (whether a newly hired or existing employee) shall be guaranteed to receive a base salary higher than that of the employee with less seniority, in accordance with the following schedule:

At least 2 years seniority at least 1% higher

At least 4 years seniority at least 2% higher

At least 6 years seniority at least 3% higher

At least 8 years seniority at least 4% higher

At least 10 years seniority at least 5% higher

At least 12 years seniority at least 6% higher

At least 14 years seniority at least 7% higher

At least 16 years seniority at least 8% higher

At least 18 years seniority at least 9% higher

At least 20 years seniority at least 10% higher

F. All full-time Dispatchers covered under this agreement shall receive a shift differential stipend of $0.50 per hour for all hours worked between 4:30 p.m. and 8:30 a.m.

G. An hourly bargaining unit employee who is designated as on-call shall be entitled to a stipend of $50 per week of on-call duty. To receive the on-call stipend, the employee must:

1. Be officially designated by the Department Head as on-call;

2. Be reachable by telephone or pager during the assigned on-call period;

3. Restrict personal travel to permit immediate availability;

4. Respond by phone within ten (10) minutes and/or arrive within thirty (30) minutes when notified by pager, unless otherwise stipulated by the Department Head.

After five (5) years of service ………………….. $650.00
After ten (10) years of service ………………… $1000.00
After fifteen (15) years of service ……………... $1350.00
After twenty (20) years of service …………….. $1700.00
After twenty-five (25) years of service ………... $2100.00

B. When increased through longevity, additional vacation time shall be credited on a pro-rata monthly basis.

Example: Employee completes five full years of service as of July 1, 2008. He/she would receive a prorated share (in this case, 50% ) of the additional vacation days for that year. Vacation days credited for 2008 in this example would be 12½.

D. Vacations may be taken at any time between January 2nd and December 31st. Final scheduling shall be with the approval of the Borough. Any vacation time not taken during the calendar year in which it is earned shall be paid for by the Borough at the employee's current rate of pay in the first pay period of the next succeeding year or at the employee’s option, one (1) week may be carried over into the next succeeding year only.

E. No more than one (1) employee in each department shall be entitled to take vacation at any one time. More than one (1) employee in each department may take vacation at the same time at the sole discretion of the Department Head.

F. An employee who terminates his employment with the Borough, or whose employment is terminated by the Borough, shall be entitled to vacation time and/or vacation pay on a pro-rata basis.

G. Vacation days shall be accrued on a pro-rata monthly basis. When an employee is absent for more than fifty (50%) percent of his scheduled work days in any given month due to disciplinary suspension, sick leave, or leave of absence with or without pay, said employee shall not accrue any vacation for that month. The term "leave of absence with or without pay" shall not include contractual time off not mentioned in this section (i.e., vacation leave, holidays, injury leave, etc.).

H. Employees shall receive their vacation pay on their last day worked before the start of their vacation, provided the employee makes the request for such payment two weeks in advance.

B. Employees receiving holidays off pursuant to Section A. who work on any of the above holidays shall receive pay at the rate of one and one-half (1½) times their regular rate of pay for all hours worked on the holiday, plus their regular holiday pay. To be eligible for holiday pay, said employee must work the scheduled work day before and the scheduled work day after the holiday, unless the day is an excused day with pay, or there are extenuating circumstances to be stated in writing.

C. If a holiday falls on Saturday or Sunday, it may be celebrated and compensated accordingly on the day preceding or the day following such holiday, at the discretion of the Borough.

D. If a holiday falls within the vacation period of an employee, the employee shall receive pay for same, or an additional day of vacation, at the discretion of the Borough.

After four (4) months of employment – one (1) day
After eight (8) months of employment – two (2) days
After one (1) year of employment – three (3) days per year

D. Personal, household or family refers to matters where the employee's absence from duty is necessary for the welfare of the employee or his/her family.

E. Application in duplicate for a personal day containing the reasons for the leave must be submitted at least forty-eight (48) hours in advance. Personal days may be granted without forty-eight (48) hours advance notice for an unforeseen occurrence which necessitates the presence of the employee and for which the employee had no prior knowledge and is unable to resolve the situation outside of the work day. However, said days shall be charged against sick leave. Personal leave will not be granted if it interferes with the manpower needs of the Department.

B. An employee who is absent for reasons that entitle him to sick leave shall notify his supervisor promptly, but not later than two (2) hours before the employee's usual reporting time.

C. Sick leave shall accrue for regular full-time employees at the rate of one (1) working day per month in every calendar year of employment beginning after completion of six (6) months of employment, and shall accumulate from year to year up to a maximum of ninety (90) days.

D. Sick leave shall commence from the first day of illness and may be used to care for a sick family member consistent with paragraph A. above. A certificate of a reputable physician in attendance shall be required as proof of need of the employee's leave after three (3) consecutive days sick leave or after five (5) days sick leave in any one (1) year, unless such illness is of a chronic or recurring nature requiring absences of one (1) day or less, in which case only one (1) certificate shall be necessary for a period of six (6) months, provided, however, the certificate must specify that the chronic or recurring nature of the illness is likely to cause a subsequent absence from employment.

E. If an employee's supervisor requires proof of fitness to return to work pursuant to this Section, the employee shall be examined by the Borough physician or any other physician designated by the Borough at the Borough's expense. If the employee chooses to be examined by any other physician, the examination shall be at the employee's expense.

F. In cases of leaves of absence ordered by the Borough physician and/or County Board of Health due to exposure to contagious disease, a certificate from the Department of Health shall be required before the employee may return to work, and time lost will not apply to sick leave time or any loss of pay.

G. When an employee reports for work and is forced, because of illness, to leave work after working at least two (2) hours, the maximum deduction from the employee's sick leave will be one-half (½) day.

H. If an employee is absent from work for more than fifty (50%) percent of his/her scheduled work days in any given month due to disciplinary suspension, sick leave, or leave of absence with or without pay, said employee shall not accrue sick time for that month. The term "leave of absence" shall not apply to any other contractual time off (i.e., injury leave, vacation leave, holiday leave, etc.).

I. Upon retirement pursuant to the Public Employees Retirement System an employee with twenty (20) years or more of service to the Borough shall be entitled to pay for all accumulated unused sick leave up to a maximum of ninety (90) days or $10,000, whichever is less.

J. During December of each year, all bargaining unit employees shall have the option of selling back to the Borough five (5) sick days per calendar year, provided the employee has accumulated at least thirty (30) sick days as of December 1^st.

B. The term "immediate family" shall be defined as the employee's parents, parents-in-law, spouse, child, stepchild, brother, sister, stepparents or grandparents.

C. The Borough may, in its sole discretion, grant the employee one (1) leave day for the death of any other member of the employee's family.

D. The employee, with the approval of the Department Head and the Borough Administrator, may take additional time off for funeral leave by utilizing his or her accumulated time off (vacation days, personal days, etc.).

The employee must notify the Department Head immediately upon receipt of a summons for jury service;

The employee has not voluntarily sought jury service;

No employee is attending jury duty during vacation and/or other time off from Borough employment; and

The employee submits adequate proof of the time served on the jury and the amount received for such service.

2. If an employee returns to work from injury leave of less than thirty (30) days, he may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than thirty (30) days.

3. When an employee returns from injury leave, he shall be entitled to a new period of injury leave for a period of up to thirty (30) days if the employee submits a new injury claim due to an independent event causing re-injury or a new injury.

B. When an employee requests injury leave, he or she shall be placed on "conditional injury leave" until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the Borough's Workmen's Compensation carrier, with the final determination, if necessary, to be made by the Workmen's Compensation Bureau or Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to job injury compensation, the employee shall be denied injury leave and shall have all time off charged against his or her accumulated sick time and, if necessary, against any other accumulated leave time. If the employee does not have enough accumulated time off, he or she shall be advanced sick time to cover the absence. If the employee leaves the employ of the Borough prior to reimbursing the Borough for such advanced time, the employee shall be required to reimburse the Borough for such advanced time.

C. Any employee who is injured, whether slight or severe, while working, must make an immediate report within two (2) hours thereof to their Department Head.

D. It is understood that the employee must file an injury report with their Department Head so that the Borough may file the appropriate Worker's Compensation Claim. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.

E. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he is unable to work, and the Borough may reasonably require the employee to present such certificate from time to time.

F. If the Borough does not accept the certificate of the physician designated by the insurance carrier, the Borough shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the Borough.

G. In the event the Borough-appointed physician certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated, unless the employee disputes the determination of the Borough-appointed physician. Then the Borough and the employee shall mutually agree upon a third physician who shall examine the employee. The cost of the third physician shall be borne equally by the Borough and the employee. The determination of the third physician as to the employee's fitness to return to duty shall be final and binding upon the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated.

H. An employee who has abused his privileges under this Article will be subject to disciplinary action up to and including termination.

B. The employee and Borough will follow the same procedure as those outlined for a temporary disability leave. Either sick time or vacation time may also be used for this purpose.

B. Leave may also be granted to attend an approved school with a course of study designed to increase an employee's usefulness upon return to service.

C. A leave of absence will not be granted to employees as a matter of convenience or temporary advantage to such employees by reason of place of work, hours of work or increased compensation. Employees seeking a leave of absence without pay shall submit such a request in writing, stating the reasons, when the leave is desired, and the expected return to duty date.

D. Any employee leaving a position prior to receiving such written authorization by the respective Department Head involved shall be deemed to have left said position and abandoned such job title. Further, such an act shall be considered a resignation from the employment of the Borough.

E. While on unpaid leave status, no seniority shall accrue, nor shall any employee be entitled to benefits under this Agreement. An employee may, however, make appropriate arrangements to repay health insurance premiums for the time of such leave.