BOROUGH OF ROSELLE PARK
ROSELLE PARK CLERICAL GROUP
Represented by the International Union,
United Automobile, Aerospace and
Agricultural Implement Workers of America
JANUARY 1, 2003 through DECEMBER 31, 2005
Law Offices of:
RUDERMAN & GLICKMAN, P.C.
675 Morris Avenue, Suite 100
Springfield, N.J. 07081
TABLE OF CONTENTS
ARTICLE I - RECOGNITION 2
ARTICLE 2- UNION MEMBERSHIP/AGENCY SHOP DUES CHECK-OFF 3
ARTICLE 3- MANAGEMENT RIGHTS 8
ARTICLE 4-INSPECTION PRIVILEGES 9
ARTICLE 5- UNION REPRESENTATION 10
ARTICLE 6- GRIEVANCE PROCEDURE 12
ARTICLE 7- ARBITRATION PROCEDURE 15
ARTICLE 8- NO STRIKE - NO LOCKOUT 17
ARTICLE 9- DISCIPLINARY ACTION, SUSPENSION, OR DISCHARGE 18
ARTICLE 10- SEPARATION OF EMPLOYMENT 19
ARTICLE 11- UNION BULLETIN BOARD 20
ARTICLE 12- NON-DISCRIMINATION 21
iARTICLE 13- SAFETY 22
ARTICLE 14- NOTIFICATION TO THE UNION 23
ARTICLE 15- PROBATIONARY PERIOD - NEW HIRE 24
ARTICLE 16-SENIORITY 25
ARTICLE 17- LAYOFFS AND RECALL 26
ARTICLE 18- JOB BID, POSTING, AND TRAINING PERIOD 28
ARTICLE 19- NEW JOB CLASSIFICATION 30
ARTICLE 20- HOURS OF WORK 31
ARTICLE 21-WAGES 32
ARTICLE 22-OVERTIME - COMPENSATORY TIME 33
ARTICLE 23- HOLIDAYS AND PERSONAL DAYS 34
ARTICLE 24- VACATIONS 37
ARTICLE 25- SICK LEAVE 39
ARTICLE 26- EMPLOYEE SELL BACK SICK LEAVE PROGRAM 41
ARTICLE 27- HEALTH INSURANCE 43
ARTICLE 28- GROUP INSURANCE AND PENSION 46
ARTICLE 29- FUNERAL LEAVE 47
ARTICLE 30- JURY DUTY 48
ARTICLE 31- EDUCATION 49
ARTICLE 32-ON THE JOB INJURY/DISABILITY 50
ARTICLE 33- SEPARABILITY AND SAVINGS CLAUSE 51
ARTICLE 34- ENTIRE AGREEMENT 52
ARTICLE 35- DURATION 53
SCHEDULE B - CLERICAL SALARIES 54
SCHEDULES A-l - CLERICAL SALARY RANGES 2003 55
SCHEDULES A-I - CLERICAL SALARY RANGES 2004 56
SCHEDULES A-l - CLERICAL SALARY RANGES 2005 57
A. This Agreement is entered into this / ‘~ day of _______________________ 2003, between the BOROUGH OF ROSELLE PARK (the “Borough”) the ROSELLE PARK CLERICAL GROUP, represented by the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, LOCAL 260 (the “Union”)
B. The effective date of this Agreement is January 1, 2003.
C. The Borough and the Union agree as follows:
A. The Borough recognizes LOCAL UNION NO. 260, UAW, as the sole and exclusive bargaining agency for full-time Clerical Employees of the BOROUGH OF ROSELLE PARK, in all matters pertaining to rates of pay, wages (salaries), hours of work, benefits, and other terms and conditions of employment as certified March 24, 1993, by P.E.R.C., Docket No. RO-93-l21.
B. The provisions of this Agreement shall apply to the following employees:
INCLUDED: All full-time Clerical Employees of the Borough of Roselle Park.
EXCLUDED: Borough Clerk and Deputy Borough Clerk Tax Collector/Treasurer Borough Engineer/Construction Code Official Court Administrators
And all employees in other negotiating units, professional employees, craft employees, police officers and dispatchers, fire fighters, confidential employees, supervisors and managerial employees.
UNION MEMBERSHIP/AGENCY SHOP DUES CHECK-OFF
A. The following provisions as to membership, and deduction of Union dues with respect to the employees within the collective bargaining unit, are agreed to for the term of this Agreement provided, however, that they shall be effective only subject to and conditional upon the Union and the employees complying with the applicable provisions and requirements of the Employer-Employee Relations Act, as amended:
B. Union Membership
1. Upon receiving the written authorization of an employee in the form provided in this Article 2, which form will be provided to the employees by the Union, the Borough agrees to deduct membership dues and initiation fees in such amounts as shall be fixed pursuant to the By-Laws and the Constitution of the Union during the continued effectiveness of such written authorization.
2. All sums collected shall be promptly remitted to the Financial Secretary of the Union.
3. The Union will certify in advance to the Borough, in writing, the amount of dues and initiation fees to be deducted from the pay of each employee, and shall indemnify and hold harmless the Borough against any liability which may arise by reason of the deduction by the Borough of the Union dues and initiation fees hereunder. In no event shall the Borough be liable to any employee for any deduction from the pay of any such employee for Union dues and initiation fees, or any payments made by the Borough to the Union hereunder.
4. The Borough will submit to the Financial Secretary of the Union a monthly statement of those employees from whose earnings deductions have been made, together with the amount of such deductions.
5. In the event that an employee has no dues deducted in any calendar month, the Borough shall state the reason on the monthly dues deducted statement.
6. The check-off authorization to be signed by each employee shall be as follows:
TO THE BOROUGH OF ROSELLE PARK DATE: __________________
I hereby assign to Local Union 260, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), from any wages earned or to be earned by me or a regular supplemental unemployment benefit payable under its supplemental unemployment benefit plan as your employee (in my present or in any future employment by you), such sums as the Financial Officer of said Local Union No. 260 may certify as due and owing from me as membership dues, including an initiation or reinstatement fee and monthly dues* in such sum as may be established from time to time as Union dues, in accordance with the Constitution of the International Union, UAW. I authorize and direct you to deduct such amounts from my pay and to remit same to the Union at such times and in such manner as may be agreed upon between you and the Union at any time while this authorization in effect.
This assignment, authorization and direction shall be irrevocable for the period of one (1) year from the date of delivery hereof to you, or until the termination of the collective agreement between the Borough and the Union which is in force at the time of delivery of this authorization, whichever occurs sooner; and I agree and direct that this assignment, authorization and direction shall be automatically renewed, and shall be irrevocable for successive periods of one (1) year each or for the period of each succeeding applicable collective agreement between the Borough and the Union, whichever shall be shorter, unless written notice is given by me to the Borough and the Union, not more than twenty (20) days and not less than ten (10) days prior to the expiration of each period of one (1) year, or of each applicable collective agreement between the Borough and the Union whichever occurs sooner.
This authorization is made pursuant to the provisions of Section 3 02(c) of the Labor Management Relations Act of 1947 and otherwise.
CONTRIBUTIONS OR GIFTS TO THE UAW ARE NOT DEDUCTIBLE AS CHARITABLE CONTRIBUTIONS FOR FEDERAL TNCOME TAX PURPOSES.
(Signature of Employee) (Address of Employee)
(Type or print name of Employee) (City) (State) (Zip)
____________________ _______________ ______________ _______________
(Dt.of Signature) (Employee Clock #) (S.S. #) Dt. of Delivery
*One point four (1.4) hours pay per month.
B. Agency Shop
1. Representation Fee
If a permanent employee does not become a member of the Union during any membership year (i.e., from January 1 to the following December 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the Union for that membership year. If the obligation to pay a representation fee as aforesaid does not commence at the beginning of a membership year, the amount of said representation fee shall be pro-rated for members of the Union. The representation fee shall be in an amount equal to no more than eighty-five percent (85%) of the regular Union membership dues, fees, and assessments as certified to the Borough by the Union, provided that in the event the governing statute is amended so as to either increase or decrease the permissible amount of a representation fee, this Agreement shall be deemed to have been automatically amended to conform to such statutory change.
Prior to March of each year, the Union will submit to the Borough a list of those employees who have not become members of the Union for the then current membership year. The Borough will deduct from the salaries of such employees, in accordance with section b. below, the full amount of the representation fee and promptly will transmit the amount so deducted to the Union.
(b) Payroll Deduction Schedule
The Borough will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid: (a) ten days after receipt of the aforesaid list by the Borough; or (b) thirty days after the employee begins his or her regular and temporary employment over ninety (90) days in a bargaining unit position.
(c) Mechanics of Deduction and Transmission of Fees
Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the Union will be the same as those used for the deduction and transmission of regular monthly membership dues to the Union, which shall be deducted on the first pay period of the month.
The Union will notify the Borough in writing of any changes in the list provided for in section a. above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten (10) days after the Borough receives said notice.
On or about the last day of each month, beginning with the month this Agreement becomes effective, the Borough will submit to the Union a list of all employees who began their employment in a bargaining unit position during the preceding thirty (30) day period. The list will include names, job titles, and dates of employment for all such employees.
(f) Termination of Employment
If an employee who is required to pay a representation fee terminates his or her employment with the Borough before the Union has received the full amount of the representation fee to which it is entitled under this Article through the last day of the month in which employment ceases, the Borough will deduct the unpaid portion of the monthly fee from the last paycheck paid to said employee during the membership year in question.
With respect to dues deductions, representation fee deductions, and the Union’s demand return system established pursuant to law, the Union shall indemnify, defend, and hold 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 pursuant to the above provisions concerning dues deductions and representation fee. It is furthermore expressly understood that the representation fee provision set forth above shall not be effective unless and until the Union shall have notified the Borough in writing that it has adopted a demand return system which fully complies with applicable statutory provisions.
The Union recognizes that the management of all Clerical Employees, the control of their properties, and the maintenance of order and efficiency are solely the responsibilities of the Borough. All the rights, power, and authority possessed by the Borough prior to the signing of this Agreement are retained exclusively by the Borough without limitation, except as may be specifically provided for in writing in this Agreement. Such management rights include, but are not limited to, the right to select and direct the work force; to hire, suspend or discharge; to assign, promote, demote, lay off, or transfer in accordance with applicable law; to determine the amount of overtime to be worked; to decide on the number and location of facilities; to determine the work to be performed, amount of supervision necessary, equipment and methods to perform the work of all Departments, together with the selection, procurement, designment, engineering, and the control of equipment and materials; and to purchase services of others by contract or otherwise based on availability of trained personnel, facilities and equipment, economics, and performance of the work within the required time frame; to make reasonable rules and regulations not inconsistent with the terms of this Agreement and subject to the statutory requirement to negotiate new rules or modifications of existing rules before implementation thereof, and to otherwise determine the methods, means and personnel by which its operations are to be conducted.
Authorized agents of the Union shall have access to the Borough’s establishment during working hours, at a prearranged time of mutual convenience to the Borough and Union, for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to provided, however, that there is no interruption of the Borough’s working schedule.
A. The Borough recognizes the right of the Union to designate a Unit Chairperson and one (1) Steward.
B. The authority of the Unit Chairperson and Steward so designated by the Union shall be limited to, and shall not exceed, the following duties and activities:
1. The investigation and presentation of grievances in accordance with the provisions of the collective bargaining agreement.
2. The transmission of messages and information which shall originate with, and are authorized by, the Local Union or its officers, provided such messages and information:
(a) have been reduced to writing, or
(b) if not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusal to handle goods, or any other interference with the Boroughs functions and operations.
C. The Unit Chairperson and Steward have no authority to take strike action or any other action interrupting the Borough’s operations.
D. The Borough recognizes these limitations upon the authority of the Unit Chairperson and Steward, and shall not hold the Union liable for any unauthorized acts. The Borough in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event the Unit
Chairperson or Steward has taken unauthorized strike action, slowdown, or work stoppage in violation of this Agreement.
E. Either the Unit Chairperson or the Steward, but not both, shall be permitted, with the permission of the Supervisor, to investigate, present, and process a grievance on or off the property of the Borough, without loss of time or pay. Such time spent in handling grievances shall be considered regular working hours in computing daily and/or weekly overtime.
A. A grievance within the meaning of this Agreement shall be any difference of opinion, controversy, or dispute arising between the parties hereto relating to any dispute between the parties involving interpretation or application of any provision of this Agreement.
B. In the event of such grievance, the steps hereafter set forth shall be followed:
(a) An employee or his/her designated Representative with a grievance shall first file a written statement of grievance and discuss the matter orally with the immediate Supervisor within seven (7) calendar days of occurrence of the facts which give rise to the grievance with a view to resolving the grievance informally. The aggrieved party shall document with the immediate Supervisor the date and subject of the grievance. If the grievance is not presented within the aforementioned time period, it shall not thereafter be considered a grievance under this Agreement.
In the event the employee or the designated Representative is unable to resolve the matter pursuant to Step 1(a), the employee or the Representative shall present a formal written grievance to the immediate Supervisor within three (3) calendar days after oral presentation provided for in Step 1(a). A meeting on the written grievance shall be held within five (5) calendar days of the filing of the written grievance between the aggrieved party or the designated Representative and the immediate Supervisor. A decision thereon shall be rendered in writing by the immediate Supervisor within three (3) workings days after the holding of such a meeting. In the event the grievance is not satisfactorily settled, the employee or the designated Representative may proceed to Step 2 of the procedure.
If the grievance is not satisfactorily resolved at Step 1, the matter may be referred by the aggrieved party or the designated Representative to the Finance and Administration Committee within five (5) working days after the decision in Step I. The employee or the designated Representative shall meet with the Finance and Administration Committee to discuss the grievance within five (5) workings days from their receiving the grievance. The Finance and Administration Committee or its designated Representative will give a written answer to the Union within three (3) working days from the date of the meeting. In the event the grievance is not satisfactorily settled, the employee or the designated Representative may proceed to Step 3 of the procedure.
If the grievance is not satisfactorily resolved at Step 2, the matter may be referred by the employee or the designated Representative to the Mayor and Council within seven (7) calendar days after the decision in Step 2. A meeting on the grievance shall be held within fifteen (15) calendar days after receipt of the written grievance. The Mayor and Council shall render a written decision within fifteen (15) calendar days after the date of the meeting. In the event the grievance is not satisfactorily settled, the employee or the designated Representative may proceed to Step 4 of the procedure.
The aggrieved party or the designated Representative may, within ten (10) calendar days after receipt of the decision from the Mayor and Council, file for arbitration in accordance with the rules and regulations of the New Jersey State Board of Mediation.
A. Either party may apply to the New Jersey State Board of Mediation for the appointment of an arbitrator.
1. The party desiring arbitration must file for arbitration and notify the other party in writing of such desire in accordance with the last step of the Grievance Procedure provided for in this Agreement. In the event either party fails to serve said written notice of desire to arbitrate within ten (10) calendar days of the date of the written decision handed down under the last step of the Grievance Procedure provided for in this Agreement, then the grievance shall be considered as abandoned at the last step of the Grievance Procedure.
2. After receipt of a desire to arbitrate, the aggrieved party may submit the matter to the New Jersey State Board of Mediation requesting that an impartial arbitrator be selected in accordance with its rules and regulations.
3. The decision of the arbitrator shall be final and binding on both parties and he/she shall render an award in writing within thirty (30) calendar days after the last day of the hearing; and the arbitrator shall set forth the rationale for his/her decision in the award.
4. The arbitrator shall confine himself/herself to the precise issue submitted for arbitration through the steps of the grievance procedure and shall have no authority to determine any other issues not so submitted to him/her.
5. The arbitrator shall be bound by the provisions of this Agreement, restricted to the applications of the facts presented to him/her involved in the grievance, and limited to the interpretation of the Agreement. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this Agreement. Furthermore, the arbitrator shall be bound by the laws of the State of New Jersey and shall be without power to advise or direct the omission of any illegal act or acts beyond the legal authority of the parties.
6. The arbitrator’s fees and expenses shall be borne equally by the parties to the Agreement. Any other expenses included but not limited to witnesses shall be borne by the individual party incurring same.
7. One member (either the Unit Chairperson or Steward, but not both) shall represent the aggrieved party. The Borough shall pay for all time spent at Arbitration for the Unit Chairperson or Steward.
8. Arbitration hearings and conferences shall be held at the Municipal Building.
NO STRIKE - NO LOCKOUT
A. The Borough agrees that it will not lock out its employees and the Union agrees it will not sanction a strike, walkout, slow-down, work stoppage, or other job action against the Borough during the life of this Agreement. Any employee engaging in or assisting such action shall be subject to disciplinary action.
B. The International Union or the Local Union shall not be held financially liable for any such Unauthorized Acts provided that upon receipt of notice from the Borough of the occurrence of any Unauthorized Acts, the International Union and the Local Union shall immediately and officially notify employees involved to terminate such Unauthorized Acts and promptly take the following action:
1. The International Union by telegram to the Local Union officers shall state that such Unauthorized Acts are not directed or authorized by the Union and are in violation of this Agreement.
2. Endeavor to induce employees to cease such Unauthorized Acts.
3. The Local Union Officers and Stewards shall, by example, continue at work and endeavor to induce all other employees to do so.
DISCIPLINARY ACTION, SUSPENSION, OR DISCHARGE
A. The Borough retains the right to discipline, suspend, or discharge, for just cause only. Examples of just cause are, but not limited to, excessive absenteeism, abuse of sick leave, consuming alcohol during work hours, poor work performance, failure to return from an approved leave, and insubordination. Whenever possible, the Unit Chairperson or Steward shall be present during the disciplinary action with the employee unless the employee does not want to have the Union Representative present. However, it should be noted that there may be circumstances, such as insubordination, when no one is present at the time the discipline is meted out. If the employee feels the action is unjust, a grievance shall be filed. In the case of discharge, the grievant will be referred to Step 3 of the Grievance Procedure. In no event shall the Borough be required to consider any discharge grievance which is not presented in writing within five (5) working days after the discharge.
B. An Employee who is disciplined, suspended, or discharged will receive written notice thereof including reason(s) within two (2) working days of said action, and a copy of said notice will be forwarded to the Unit Chairperson or Steward and to the Local Union Office.
SEPARATION OF EMPLOYMENT
A. Upon discharge, the Borough shall pay all money, including pro rata vacation pay, due in the following pay cycle.
B. Upon quitting, and providing the Borough with at least two weeks’ advance notice, the Borough shall pay all money due to the employee, including pro rata vacation pay, at the time of the regular pay period. If no advance notice is given, payment will be made in the following pay cycle.
UNION BULLETIN BOARD
The Borough agrees to provide a bulletin board in a conspicuous place in each facility where employees report to work. Postings by the Union on such bulletin boards are to be confined to official business of the Union. The Borough shall have the right to remove material which is political in nature or not official Union business.
A. Neither the Borough nor the Union will discriminate against any employee or those seeking employment because of race, color, sex, religion, age, national origin, handicapped status, being a disabled veteran, or being a veteran of the Vietnam Era.
B. Any employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for his/her acts as such officer of the Union so long as such acts do not interfere with the conduct of the Borough’s operation, nor shall there be any discrimination against any employee because of Union activity or non-Union activity.
The Borough shall not require, direct, or assign any employee to work under unsafe or hazardous conditions, as determined by applicable standards of federal, state, or municipal agencies. The employee, upon discovering an unsafe or hazardous condition, will immediately tell his/her Supervisor. The Supervisor will determine and advise how the work can be performed safely or, if finding that the work cannot be performed safely, will stop the work until safe conditions have been restored. This is in accordance with Borough Safety Policy and OSHA regulations. If an employee feels safety procedures are not being adhered to, and supervision has not responded accordingly, a grievance may be commenced as set forth herein.
NOTIFICATION TO THE UNION
A. The Borough will notify the Union in writing of all promotions, demotions, transfers, suspensions, and discharges within the bargaining unit.
B. The Borough will notify the Union in writing of all layoffs.
C. The Borough will provide the Union with an updated list of covered employees showing the name, address, classification, and social security number.
D. The Borough will notify the Union of additions and deletions to the payroll of covered employees.
PROBATIONARY PERIOD - NEW HIRE
All newly hired employees shall serve a probationary period of six (6) months. During this probationary period the Borough reserves the right to terminate a probationary employee for any reason. Such termination shall not have recourse through the grievance and arbitration provisions of this Agreement.
A. Seniority shall mean a total of all periods of continuous uninterrupted employment, exclusive of layoff with recall rights, with the Borough of Roselle Park Clerical Employees. Employees shall lose seniority rights for any one of the following reasons:
1. Voluntary resignation.
2. Discharge for just cause.
3. Failure to return to work within ten (10) working days after being recalled from layoff by registered or certified mail, unless due to actual illness or accident. (The Borough may require substantiating proof of illness or accident.)
B. Employees will not accrue seniority when on unpaid leave except when such leave is under FMLA.
LAYOFFS AND RECALL
A. In the event the Borough reduces the working force, the following procedure shall apply:
1. Employees shall be laid off in the order of least total employment seniority within a classification, provided the senior employees can perform the remaining work available. Employees laid off will exercise their rights.
2. Notice of such layoffs will be given at least ten (10) working days before the scheduled layoff.
3. A laid off employee shall have preference for recall for a period of one (1) year.
4. The Borough shall rehire laid off employees in the order of greatest employment seniority within their job classification. Under no circumstances whatsoever shall the Borough hire from the open labor market while any employee has an unexpired term of preference for recall, provided the employee shall be deemed by the Borough to be qualified and capable of performing the work and is ready, willing, and able to be recalled.
5. The Borough, in making a determination as to an employee’s qualifications or capabilities, shall not be arbitrary.
6. Notice of re-employment to an employee who had been laid off shall be made by registered or certified mail to the last known address of such employee. It is the responsibility of the employee to keep the Borough advised of his/her current address.
7. Employees shall notify the Borough within five (5) working days of receipt of recall notification of intent to return to work and will report to work within ten (10) working days from the date of recall notification.
JOB BID, POSTING, AND TRAINING PERIOD
A. The Borough agrees to fill all job vacancies from within the bargaining unit before hiring new employees, provided in the sole discretion of management the employee is capable and qualified to perform the responsibilities of the position.
B. The Borough shall post all vacancies. The Borough shall post a notice stating the name of the job classification, location of assignment, and the requirements. This notice shall remain posted on all bulletin boards for five (5) working days. Employees on vacation beyond the five (5) working days posting period will have the opportunity to bid within twenty-four (24) hours of their return to work provided there had been no prior notice of the posting.
C. Promotions shall be offered to qualified employees, to be determined by the Borough, in the order of greatest employment seniority from the next lower classification who bids for the job. Should there be no qualified bidders available, the Borough will hire from the outside employment market.
D. The Borough agrees that any test to be administered to determine the employee’s physical and mental qualifications to perform the functions and duties of the new position shall be administered fairly and equitably to all employees.
E. The successful bidder shall receive a trial period of up to ninety (90) calendar days on his/her new assignment. Such employee shall be compensated at the rate of pay of his/her new classification. The employee’s new pay rate shall be the rate step within the new classification which is immediately higher than his/her old rate step.
F. The Union and the employee will be kept advised of the progress made in learning the new assignment. The employee will be given every assistance to successfully meet the requirements of the job. Should the employee fail to successfully meet these requirements within the trial period, he/she shall be returned to his/her former classification and shall assume seniority and pay as though he/she had never left his/her old classification.
NEW JOB CLASSIFICATION
At least thirty (30) days before establishing a new classification, the Union will be provided with a job classification sheet containing a base salary and range for the purpose of negotiating an hourly rate of pay.
HOURS OF WORK
A. The Borough agrees to schedule each full-time employee for seven (7) hours of work each day and for thirty-five (35) hours of work each week, Monday through Friday, inclusive.
B. The normal scheduled hours of work are 8:30 am. to 4:30 p.m. with a one (1) hour lunch period. However, when special needs of the business arise, the Borough reserves the right to change normal starting times after giving the employee and the Union at least twenty-four (24) hours’ advance notification.
A. Retroactive to January 1, 2003, each Clerical Employee employed as of January 1, 2002, shall receive a wage increase of the greater of $1000 or 3.25% over their 2002 base salary.
B. Effective January 1, 2004, each Clerical Employee employed as of January 1, 2003, shall receive a wage increase of 3.25% over their 2003 base salary.
C. Effective January 1, 2005, each Clerical Employee employed as of January 1, 2004, shall receive a wage increase of 3.25% over their 2004 base salary.
D. Schedule “A” provides pay treatment for 2003, 2004, 2005.
Schedule “A” - CLERICAL SALARY RANGES
E. During the term of this Agreement, all newly hired or existing clerical employees assigned to a new job classification are subject to the negotiated minimum/maximum salary range levels.
OVERTIME - COMPENSATORY TIME
1. Overtime shall be defined as all work in excess of thirty-five (35) hours per week. Vacation days, holidays, compensation days, personal days, and bereavement days are to be taken into account in the compensation of the thirty-five (35) hour work week.
2. Whenever any Clerical Employee is required to work in excess of thirty-five (35) hours per week, he/she shall be compensated in accordance with the following schedule:
B. Compensatory Time
(a) 36-40 hours per week - Straight Time Pay or Compensatory Time (Employee Option).
(b) After 40 hours per week - Overtime Pay Equals Time and One-half Pay for each full hour.
All Clerical Employees who work in excess of thirty-five (35) hours but not more than forty (40) hours per week shall be entitled to compensatory time off at the rate of time and one-half for each overtime hour worked. The said compensatory time off shall be taken within the year it is accrued and may not be accumulated from year to year. Compensatory time off may be taken by the Clerical Employee only upon the consent and/or approval of his/her immediate Supervisor. This Article is subject to the terms and conditions of the Federal Fair Labor Standards Act and regulations promulgated thereunder.
HOLIDAYS AND PERSONAL DAYS
1. Each Clerical Employee shall receive fourteen (14) holidays with pay at his/her regular base rate, including:
(b) Martin Luther King Day
(c) Washington’s Birthday
(f) Memorial Day
(m) Friday after Thanksgiving
2. In the event that Christmas Eve day falls on a weekend the day shall be taken on the first regular work day prior to the holiday in question. Clerical Employees shall also receive a holiday with pay at their regular rate for any additional holiday which is recognized under New Jersey or Federal law during the term of this Agreement. New Year’ s Eve will no longer be a holiday.
3. Any holiday which falls on Saturday shall be celebrated the preceding Friday.
4. Any holiday which falls on Sunday shall be celebrated the following Monday.
5. In the event a holiday named in the Agreement falls during an employee’s vacation period, such employee shall enjoy an additional day of vacation with pay.
6. Any employee who is absent from work without authorization, either the work day before or after a holiday, may not receive holiday pay. However, the employee may be eligible for holiday pay if he/she is excused (i.e. vacation, personal, bereavement, jury duty, doctor’s certified sick leave) by the Borough from working the last scheduled work day prior to and/or the first scheduled work day after the holiday.
B. Personal Days
1. Each Clerical Employee who has completed at least one (1) year of employment shall be entitled to three (3) personal days each year. An employee shall be required to give twenty-four (24) hours’ prior notification to the Borough before taking a personal day and approval from the department head has been obtained. The twenty-four (24) hour prior notification requirement may be waived in cases of emergency. However, documentation may be required by the Borough for approval. If the employee has not used his/her personal days by the end of the calendar year, the Borough shall pay the employee unused days at his/her regular hourly rate.
2. Employees hired after January 1, 2000 shall receive personal days as follows:
a. after completion of 1 year to completion of 5 years — 1 day
b. after completion of 5 years to completion of 10 years —2 days
c. after completion of 10 years forward — 3 days
A. Each employee’s anniversary date of employment shall be the basis for determining earned vacation time due for that year.
B. Each employee shall receive annual vacation leave with pay in accordance with the following schedule, based upon the completion of designated years of employment:
1. After Completion of
1 year of employment 10 days
2 and 3 years of employment 14 days
4 and 5 years of employment 15 days
6 through 10 years of employment 18 days
11 through 15 years of employment 22 days
16 through 19 years of employment 24 days
20 years of employment and over 25 days
2. All employees hired after January 1, 2000 shall enjoy the following vacation schedule:
After completion of 1 year 10 days
From completion of 2 years to completion of 10 years 12 days
From completion of 10 years to completion of 15 years 14 days
From completion of 15 years to completion of 20 years 15 days
From completion of 20 years forward 16 days
C. 1. Employee vacation periods must be taken between January 1st and December 3 1st of each year, and unused vacation days will not be carried over into the succeeding year. Vacation periods shall be scheduled by seniority subject, however, to departmental requirements.
2. Clerical Employees leaving the Borough’s service for any reason, other than dismissal, will be given a proportionate amount of vacation pay earned as provided in this Article.
3. In the event a holiday named in the Agreement falls during an employee’s vacation period, such employee shall receive an additional day of vacation or pay in lieu of.
4. Clerical Employees entitled to vacations shall be required to take them and not receive pay in lieu of earned vacation time. All vacations must be completed within each calendar year. Accrual of vacation time is prohibited.
5. Any member of the Clerical Employees Bargaining Unit, employed prior to December 31, 1989, and whose “Previous Schedule” is better than the “Current Schedule,” will receive the better of the two schedules.
6. Any management employee scheduled vacation time shall not be a basis for denying a Union employee his/her desired vacation request.
A. Each Clerical Employee with less than one (1) year of full-time service shall be allowed one (1) day of sick leave with pay for every month of employment.
B. Each Clerical Employee with more than one (1) year of frill-time service shall be allowed fifteen (15) days of sick leave, with pay, per annum. Employees hired after January 1, 2000 shall receive ten (10) sick days. An employee may accrue up to two hundred (200) days of unused sick leave and use these accrued days as compensation for a confirmed (Doctor’s Certificate) long-term illness or disability.
C. Upon retirement, an employee may elect to receive a cash payment equaling one (1) day’s regular base pay for each three (3) days of unused sick leave time, up to a maximum of two hundred (200) days and payout not to exceed $6000.
D. Any Clerical Employee electing the cash payment option provided for in this Article shall notify the Borough Collector Treasurer of such election by January 1st of the year scheduled for retirement. Employees adhering to the March 1st deadline will be paid unused sick leave time upon retirement from the Borough. Any employee not adhering to the January 1st requirement shall receive payment for unused sick leave on or before January 1st of the succeeding year. The employee has the option to defer the payment of unused sick leave compensation until the first payroll period of the succeeding year.
E. Each Clerical Employee who is absent on account of sickness in excess of two (2) successive working days shall be required to submit to the Borough a written statement from the attending or treating physician verifying the nature and extent of the sickness.
F. The Borough shall have the right to have a Clerical Employee who is absent on account of sickness examined by a physician, at the Borough’s expense, upon his/her return to work, in order to report on his/her condition.
G. After a Clerical Employee has used the maximum accumulated sick leave to which he/she is entitled, an additional period not to exceed ninety (90) days may be granted at the discretion of the Borough after a complete and thorough review of the medical history and medical reasons surrounding the Clerical employee’s absence. Prior to the end of the extended period, the Clerical Employee must provide the immediate Supervisor with information regarding his/her intent and ability to resume his/her employment with the Borough.
EMPLOYEE SELL BACK SICK LEAVE PROGRAM
An employee can elect to sell back sick leave earned, but not used, during a calendar year. The sick leave sold back is to be calculated at the daily rate of pay at which the sick leave was earned and paid during the month of January of the succeeding year based on the schedule that follows. The employee must be on the Borough’s payroll as a full-time employee from January 1st through December 31st of the calendar year for which the employee wishes to sell back unused sick leave, and be employed full-time for the entire calendar year. No sick leave can be sold back for a partial year, except in the year the employee retires and begins receiving pension benefits.
Employee Sell Back Sick Leave Program Schedule
(For Employees hired prior to January 1. 2000)
Maximum Number Maximum Number of Sick
of Sick Leave Leave Days that can be
Sick Leave Days that can added to accumulate Sick
Days Used be sold back Leave Bank
0 7 8
1 6 8
2 5 8
3 4 8
4 3 8
5 2 8
6 1 8
7 0 8
8 0 7
9 0 6
10 0 5
11 0 4
12 0 3
13 0 2
14 0 1
15 0 0
Sick Leave Sell Back
following sick leave buyback:
Effective January 1, 2001, for employees hired afterr to January 1, 2000 shall enjoy the
Sick Days Used Sick Days to be Sold Back Sick Days Accrued
0 7 3
1 6 3
2 5 3
3 4 3
4 3 3
5 2 3
6 1 3
AMENDED BY JULY 31, 2000 LETTER Sick Leave Sell Back
Effective January 1, 2001, for employees hired after January 1, 2000 shall enjoy the following sick leave buyback:
Sick Days Used Sick Days to be Sold Back Sick Days Accrued
0 7 3
1 6 3
2 5 3
3 4 3
4 3 3
5 2 3
6 1 3
A. Medical Insurance
1. The Borough shall provide all Clerical Employees and their families with coverage for hospital and major medical insurance. The Borough shall have the right to substitute a different hospital and major medical insurance carrier, provided that replacement coverage is substantially similar to that afforded by the current carrier. The Borough shall bear the costs of all premiums for Clerical Employees and their families.
2. The Borough shall pay one-half (1/2) of the premium for hospital and major medical insurance for retired Clerical Employees who have accumulated at least fifteen (15) years of service and have attained the age of sixty-two (62) years. Upon said retiree attaining the age of sixty-five (65) years, the Borough shall pay the full cost of said insurance. This benefit shall be available upon proof that said retiree is not receiving similar benefits from another employer, a former employer, or another source on a non-contribution basis.
3. The deductible for indemnity coverage shall be 200 individual/400 family.
4. Employee hired after January 1, 2004 shall be entitled to have the health and dental benefits after three (3) months of employment.
B. Dental Insurance
The Borough shall provide all Clerical Employees and their families with dental insurance coverage. The Borough shall have the right to substitute a different dental insurance carrier, provided that replacement coverage is substantially similar to that afforded by the current carrier. The Borough shall bear the costs of all premiums for Clerical Employees and their families.
C. Drug Prescription Insurance
1. The Borough shall provide all Clerical Employees and their families with coverage under a drug prescription program selected and determined by the Borough. The Borough shall, thereafter, have the right to substitute a different drug prescription carrier,
provided that replacement coverage is substantially similar to that afforded by the current carrier. The Borough shall bear the cost of all premiums for Clerical Employees and their families.
2. The Borough shall pay one-half (1/2) of the premium for drug prescription program insurance for retiring Clerical Employees who have accumulated at least fifteen (15) years of service and have attained the age of sixty-two (62) years. Upon said retiree attaining the age of sixty-five (65) years, the Borough shall pay the full cost of said insurance. This benefit shall be available upon proof that said retiree is not receiving similar benefits from another employer, a former employer, or another source on a non-contribution basis.
3. The co-pay shall be as follows:
a. Mail Order 0
b. Generic $5.00
c. Brand Name $10.00
1. The Borough shall provide all Clerical Employees with coverage under the New Jersey State Disability Plan. The Borough’s financial commitment shall be in accordance with the State’s plan requirements.
2. The Borough shall have the right to substitute a different disability carrier, provided that replacement coverage is substantially similar to that afforded by the New Jersey State Disability Plan.
E. Any Clerical Employee who shall decline to be enrolled in the Medical Program shall be entitled to receive the sum of Five Thousand Dollars ($5,000) for each year of the Agreement, in lieu of said coverage.
F. Medical and Dental Insurance, Newly Hired Employees
Employees who are hired after January 1, 2000, shall receive HMO medical and dental insurance at Borough expense. If those employees desire indemnity coverage they can purchase indemnity coverage by paying the difference between the appropriate level of indemnity coverage and the corresponding level of HMO coverage.
GROUP INSURANCE AND PENSION
A. Each employee shall be enrolled for all benefit entitlements provided within the Public Employee Retirement System.
B. Retirement benefits shall be based upon “Final Average Salary” as defined in the “New Jersey Division of Pensions - Public Employees’ Retirement System.’
A. The Borough agrees to grant an employee a funeral leave with frill pay when a death occurs in the employee’s immediate family. The employee’s immediate family is considered to include: spouse, children, brothers, sisters, parents, parents-in-law, grandparents, step-parents, step-children, grand parents-in-law, grand children, and brothers or sisters-in-law.
B. Funeral leave with pay shall not exceed three (3) working days and shall be taken either from the day of death or day of funeral.
C. In all cases, the Borough may request submission of proof.
A. An employee who is called to jury duty shall immediately notify his/her immediate Supervisor with a copy of the Jury Summons.
B. If an employee is excused from jury duty service on any given day, the employee is expected to report to work.
C. The Borough agrees to pay the employee regular wages in addition to jury duty service fees paid by the Court.
The Borough agrees to pay tuition only for New Jersey Certification Courses, if approved by the Borough.
ON THE JOB INJUIRY DISABILITY
Absence from duty of an employee because of on-the-job illness or injury, as a result of and arising from employment with the Borough.
B. Disability Days
In the event that an employee is injured on the job, the Borough shall pay such employee his/her day’s guarantee for that day lost because of such injury. An employee who is injured on the job and is sent home or to a hospital, or who mUST obtain medical attention, shall receive pay at the applicable hourly rate of pay for the balance of his/her regular shift or overtime guarantee on that day. An employee who has qualified for workers’ compensation shall receive full salary compensation for a period not to exceed fifty-two (52) weeks.
C. Physician’s Review
The Borough reserves the right to have an employee on disability, as result of an illness or on-the-job injury, examined and evaluated by a physician selected and paid by the Borough.
D. Disability Compensation
An employee will be ineligible to receive disability compensation for on-the-job illness or injury during the period in which the employee is actively engaged in any vocation, occupation, business, profession, practice, or pursuit for which said employee receives any compensation whatsoever.
SEPARABILITY AND SAVINGS CLAUSE
A. If any article or section of this Agreement or any supplements or riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of the Agreement and any supplements or riders thereto, or the application of such article or section to persons or circumstances other than those to which it has been invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.
B. In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained as set forth above, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either the Borough or the Union for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section during the period of invalidity or restraint.
C. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal recourse in support of its demands, notwithstanding any provisions of this Agreement to the contrary.
This Agreement contains the entire Agreement between the parties. No amendment, modification, or addendum to this Agreement shall be effective unless in writing dated subsequent to the date hereof and executed by the duly authorized signatories for each party. The requirements for such a writing shall apply to any waiver of the requirement of a written modification pursuant to this Article, and this shall be deemed an essential term of the Agreement.
This Agreement shall be in full force and effect from January 1, 2003 to and including December 31, 2003, and shall continue from year to year thereafter unless written notice of desire to cancel, modify, or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the date of expiration.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.
ATTEST: BOROUGH ROSELLE PARK
Borough Clerk Mayor
ATTEST: INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE AND
WORKERS OF AMERICA, LOCAL 260
Chairperson Financial Secretary and Service
Representative, UAW Local 260
Effective Effective Effective
01/01/03 01/01/04 01/01/05
Police Records/Junior 26,483.67 27,344.39 28,233.08
Clerk Account/Sewer Utility 29,987.81 30,962.41 31,968.69
Nancy Caliendo, Clerk,
Construction & Engineering 29,987.81 30,962.41 31,968.69
Sandra J. Capaldo,
Clerk/Stenographer 24,667.57 25,469.27 26,297.02
Mary Leonard, Bookkeeper 39,136.89 40,408.84 41,722.13
Rachel LaSpina, Clerk/
Account/Senior 30,842,04 31,844.41 32.879.35
Judy Mack 28,777.17 29,612.03 30,574.42
Police Records 21,810.00 22,518.83 23,250.69
DPW Clerk 21,810.00 22,518.83 23,250.69
CLERICAL SALARY RANGES
Police Department MINIMUM MAXIMUM
Clerk, Police Records/Senior $23,113 $37,231
Clerk, Police Records/Junior 21,022 33,380
Borough Clerk’s Department
Clerk, Stenographer 21,834 35,948
Tax Collector’s/.Finance Department
Clerk, Purchasing 24,390 42,367
Bookkeeper 25,667 43,650
Clerk Account/Senior 23,113 37,231
Clerk Account/Sewer Utility 21,022 33,380
Health Engineering Department
Construction & Engineering 25,345 37,231
Code Enforcement Officer 21,486 29,277
Department of Public Works
Clerk 21,486 32,095
CLERICAL SALARY RANGESPOSITION 2004
Police Department MINIMUM MAXIMUM
Clerk, Police Records/Senior $23,864 38,441
Clerk, Police Records/Junior 21,705 34,465
Borough Clerk’s Department
Clerk, Stenographer 22,544 37,116
Tax Collector’s /Finance Department
Clerk, Purchasing 25,182 43,743
Bookkeeper 26,501 45,069
Clerk Account/Senior 23,864 38,441
Clerk Account/Sewer Utility 21,705 34,465
Health Engineering Department
Construction & Engineering 26,168 38,441
Code Enforcement Officer 22,185 30,229
Department of Public Works 22,185 33,138
CLERICAL SALARY RANGES
Clerk, Police Records/Senior $24,635 39,690
Clerk, Police Records/Junior 22,410 35,585
Borough Clerk’s Department
Clerk, Stenographer 23,276 38,322
Tax Collector’s Department
Clerk, Purchasing 26,001 45,165
Bookkeeper 27,362 46,533
Clerk Account/Senior 24,639 39,690
Clerk Account/Sewer Utility 22,410 35,585
Health Engineering Department
Construction & Engineering 27,019 39,690
Code Enforcement Officer 22,906 31,211
Department of Public Works
Clerk 22,906 34,215