A G R E E M E N T
BETWEEN:
TOWNSHIP OF RANDOLPH,
MORRIS COUNTY, NEW JERSEY
-AND-
RANDOLPH TOWNSHIP MUNICIPAL SUPERVISORY EMPLOYEES
January 1, 2004 through December 31, 2006
INDEX
Preamble 3
Article I Recognition 4
Article II Management Rights 5
Article III Work Week and Overtime 6
Article IV Sick Leave 7
Article V Holidays 10
Article VI Vacations 11
Article VII Insurance 12
Article VIII Grievance Procedure 14
Article IX No Strike Pledge 16
Article X Discharge and Discipline 17
Article XI Salaries 18
Article XII Clothing Allowance/Replacement 19
Article XIII Equal Employment Opportunity Policy 20
Article XIV Separability and Savings 21
Article XV Fully Bargained Provisions 22
Article XVI Terms of Agreement 23
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PREAMBLE
This AGREEMENT entered into June 16, 2004 by and between the TOWNSHIP OF
RANDOLPH, in the County of Morris, New Jersey, a Municipal Corporation of the State of New
Jersey, hereinafter called the "Township", and the RANDOLPH TOWNSHIP SUPERVISORY EMPLOYEES
EMPLOYEES ASSOCIATION, hereinafter called the "Association" represents the complete and final
understanding on all the bargainable issues between the Township and the Association.
3
ARTICLE I
RECOGNITION
The Township recognizes the Association as the exclusive collective negotiations agent for the following job
classifications within the Township of Randolph:
Tax Assessor
Court Administrator
Park Maintenance Supervisor
Public Works Superintendent
Water & Sewer Supervisor
Tax Collector/Treasurer
Assistant Engineer
Construction Official
Fire Code Official
Senior Sanitarian
Public Health Nurse Supervisor
Recreation Superintendent
Planning and Zoning Administrator
ARTICLE II
MANAGEMENT RIGHTS
A. The Township hereby retains and reserves unto itself, without limitation, all powers, rights, authority,
duties and responsibilities conferred upon and vested in it prior
to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the
United States, including, but without limiting the generality of
the foregoing, the following rights:
1. To the executive management and administrative control
of the Township government and its properties and
facilities and the activities of its employees;
2. To hire all employees and subject to the provisions of
law, to determine their qualification and conditions for
continued employment or assignment and to promote and
transfer employees;
3. To suspend, demote, discharge or take other disciplinary
action for good and just cause according to law.
B. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Township,
the adoption of policies, rules and regulations and practices in furtherance
thereof, and the use of judgment and discretion in connection therewith shall be limited only by the
specific and express terms of this Agreement and then only to the
extent such specific and express terms hereof are in conformance with the Constitution and Laws
of New Jersey and of the United States.
ARTICLE III
WORK WEEK AND OVERTIME
A. The normal work week and hours vary depending on the department
and position. All positions represented by the Association are salaried.
B. Executive, administrative and professional employees are exempt from compensatory time or
overtime payment provision as promulgated under the Fair Labor Standards Act. Such
employees are expected to work those hours necessary to perform their jobs in a competent,
efficient, effective and professional manner.
ARTICLE IV
SICK LEAVE
A. Service Credit for Sick Leave
1. All employees shall be entitled to sick leave with pay based on their aggregate years of service.
2. Sick leave may be utilized by employees when they are unable to perform their work by reason of
personal illness, accident or exposure to contagious disease. The employer has a reasonable
expectation that the employee is convalescing and/or seeking medical assistance as opposed to other
unrestricted activities associated with time off for vacations, compensatory time or holidays. Both
parties to this contract agree that abuse of the sick leave benefit is unacceptable and subject to
managerial response.
Sick leave may also be utilized for short periods because of death in the employee's immediate
family as defined below.
B. Amount of Sick Leave
1. Sick leave with pay shall accrue to any full time employee on the basis of one day per month.
2. Any amount of sick leave allowance not used in any calendar year shall accumulate to the
employee’s credit from year to year to be used if and when needed for such purpose.
3. In the event an employee is injured while at work, full salary will be paid without a charge against
sick leave, provided the employee is eligible for, and the Township receives, workers' compensation
benefits.
C. Reporting of Absence on Sick Leave
1. If an employee is absent for reasons that entitle him/her to sick leave, his/her supervisor shall be
notified prior to the employee's starting time, except in emergencies.
(a) Failure to so notify the supervisor may be cause for denial of the use of sick leave for
that absence and constitute cause for disciplinary action.
(b) Absence without notice for five (5) consecutive days shall constitute a
resignation.
D. Verification of Sick Leave
1. An employee who shall be absent on sick leave for four (4) or more consecutive working days shall
be required to submit acceptable medical evidence substantiating the illness.
The Township may require proof of illness of an employee on sick leave whenever such
requirement appears reasonable. Abuse of sick leave shall be cause for
disciplinary action.
2. In case of leave of absence due to exposure to contagious disease, a certificate from the Department
of Health shall be required prior to return to work.
3. The Township may require an employee who has been absent because of personal illness, as a
condition of his return to duty, to be examined at the expense of
the Township by a physician of the Township's choice.
Such examination shall establish whether the employee is capable of performing his normal duties
and that his return will not jeopardize the health and safety of other employees.
E. Payment for Accumulated Sick Leave at Retirement
Full time employees shall be entitled to sick pay retirement benefits of 50 percent of accumulated
sick time based on the following schedule:
Maximum Benefit
When the employee’s age and years of service to the
Township added together total 70 years 70 days not to exceed $10,000
When the employee’s age and years of service to the
Township added together total 75 years 75 days not to exceed $12,500
When the employee’s age and years of service to the
Township added together total 80 years 80 days not to exceed $15,000
F. Bereavement Leave
1. In case of death in the immediate family, an employee shall be granted up to three (3) days of
2. Immediate family shall be defined as the employee's husband, wife, child, stepchild, mother, father,
brother or sister, father-in-law, mother-in-law, grandparents, sister-in-law, brother-in-law, son-in-
law, daughter-in-law and grandchild.
3. Reasonable verification of the event may be required by the Township.
ARTICLE V
HOLIDAYS
A. The following thirteen (13) days shall be holidays upon which the public offices of the Township shall
be closed and on which the employees shall not be required to work:
New Year's Day Labor Day
Martin Luther King's Birthday General Election Day
Lincoln's Birthday Veteran's Day
Washington's Birthday Thanksgiving Day
Good Friday Day after Thanksgiving
Memorial Day Christmas Day
Independence Day
B. Floating Holidays
(1) Lincoln’s Birthday and Election Day are designated as "floating holidays" for all employees.
(2) Employees will have the option of taking Lincoln’s Birthday and Election Day as holidays or
reporting for a normal work day on those dates and taking another day off subject to the
following:
(a) Sufficient personnel will be available in all departments on Lincoln's Birthday and Election
Day to adequately maintain operations on these days.
(b) The day taken in lieu of Lincoln's Birthday or Election Day as a "floating holiday" shall be
subject to approval of the department head or supervisor according to normal procedures for
vacation or time off from work.
ARTICLE VI
VACATIONS
A. Vacations for full time employees shall be based upon the following schedule:
After 1st calendar year 2 weeks
January 1st following the 3rd year 2 weeks plus one day
January 1st following the 6th year 3 weeks
of service
January 1st following the 13th year 4 weeks
of service
January 1st following the 18th year 4 weeks plus one
of service (1) additional day
for each year
served over 18.
B. Employees may carry forward accumulated vacation time not to exceed the total number of days received
in the following year, i.e. if an employee has a 2000 vacation allowance of 15
days, an additional 15 days can be carried forward from l999 for use in 2000.
Any unused vacation in excess of the one-year carry over amount shall be forfeited.
C. During the first calendar year of employment, employees shall begin accruing vacation time in their third
month of employment at a rate of one day of vacation per month of service up to a maximum of 10
working days.
ARTICLE VII
INSURANCE
A. Medical Coverage/Prescription Plan
1. The Select 10 Plan shall be the base plan for coverage.
Employees opting for coverage with premiums exceeding the Select 10 option shall contribute all costs in
excess of the Township contribution for the base policy plan.
2. For employees hired prior to 1-1-95:
a. The Township will pay 100% of the premium in 2004.
b. The Township will pay 90% of the premium * for 2005/employee shall pay 10%
c. The Township will pay 80% of the premium * for 2006 and thereafter/employee shall pay 20%
3. For exempt employees hired after 1-1-95, the Township will pay 80% of the premium* and employee shall
pay 20%.
*Single coverage premium will be paid in its entirety by the Township.
4. Exempt employees who receive hospital and medical coverage through their spouse’s employer may
Surrender their benefits for cash. The Township will distribute a questionnaire in November and the
coverage period will begin the following January 1st. Employees must be able to document their alternate
coverage and will not be able to re-enter the Health Insurance Program until the next open enrollment
period . The Township will provide one-half of the insurance premium savings that it realizes as a result
of the employee’s action. (Note that the cash payment is taxable). Payment will be made in two
installments, April and October.
B. Dental Benefits
1. The Township will provide payment towards the cost of a dental plan for employees based on the
following schedule:
a) The maximum premium contribution paid by the Township shall be $600.00.
b) For employees hired after 1-1-2000 including single coverage employees, the premium shall be
shared 80/20 with the Township’s contribution capped at $600.
C. Other Insurances
The Township shall continue to provide Group Life Insurance and Long Term Disability Insurance per
policy levels in place as of 12-31-2000.
D. Right to Select Carrier
The Township reserves the right to change insurance carriers as long as substantially similar benefits are
provided.
ARTICLE VIII
GRIEVANCE PROCEDURE
A. Purpose
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 this
Agreement and to resolve grievances as soon as possible so as to assure efficiency and to promote
employees' morale. The parties agree that this procedure will be kept as informal as may
be appropriate.
2. Nothing contained herein shall be construed as limiting the right of any employee having a
grievance to discuss the matter informally with the department head and
having the grievance adjusted without the intervention of the Association.
B. Definition
The term "grievance" as used herein means any controversy arising over the interpretation or
adherence to the terms and conditions of this Agreement and may be raised by an
individual, the Association or the Township.
C. Steps of the Grievance Procedure
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 moving party shall present the grievance in writing signed by the aggrieved to the
department head within five (5) working days of the occurrence giving rise to the grievance for the purpose of
resolution. In the discussion of the grievance, the persons involved shall make an earnest
effort to resolve the matter. The department head shall make whatever additional investigation is necessary and
shall, within five (5) working days after presentation of the grievance, give a decision.
Step Two: If a grievance is not resolved at Step One, the moving party may, within five (5) working
days of receipt of the answer in Step One, submit the written grievance to the
Township Manager, who shall provide a response within five (5) working days of the presentation of the
grievance in Step Two.
Step Three: If the grievance is not resolved in Step Two, it may be appealed in writing within five
(5) working days after receipt of the answer in Step Two for arbitration before the N.J. Public Employee
Relations Commission ( PERC). The arbitrator’s decision shall be final.
D. A grievance will be considered settled upon its withdrawal in writing, or when the grievant ceases to be
an employee by resignation or when any time limit set forth above
has expired for its appeal to the next step. Failure to answer a grievance within the proper time shall
move it to the next step.
ARTICLE IX
NO-STRIKE PLEDGE
A. The Association covenants and agrees that during the term of this Agreement neither the Association
nor any person acting in its behalf will cause, authorize, or support, nor
will any of its members take part in any strike (i.e. the concerted failure to report for duty, or willful
absence of any employee from his position, or stoppage of work or abstinence
in whole or in part, from the full, faithful and proper performance of the employee's duties of
employment), work stoppage, slowdown, walkout or other job action against the
Township. The Association agrees that such action would constitute a material breach of this
Agreement.
B. In the event of a strike, slowdown, walkout or other job action, it is covenanted and agreed that
participation in any such activity by any employee covered under the terms of
this Agreement shall be deemed grounds for termination of employment of such employee or
employees.
C. The Association will actively discourage and will take whatever affirmative steps are necessary to
prevent or terminate any strike, work stoppage, slowdown, walkout or other
job action against the Township.
D. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right
to seek and obtain such judicial relief as it may be entitled in law or in equity for injunction or
damages or both in the event of such breach by the Association or its members.
ARTICLE X
DISCHARGE AND DISCIPLINE
A. No permanent employee shall be discharged or suspended or otherwise disciplined without just
cause.
B. The employer shall notify the Association at the time disciplinary action is taken.
C. Employees shall have the right to claim that suspension or discharge was unjustly imposed by
submitting such claim to the Township Manager in writing within five (5) working days
after the disciplinary action. This shall be the sole method of appeal of disciplinary action. Failure
to so appeal shall be admission as to the propriety of the action taken.
ARTICLE XI
SALARIES/PERFORMANCE EVALUATIONS
A. Annual Increases
January 1, 2004 3.75%
January 1, 2005 3.75%
January 1, 2006 3.75%
B Newly Appointed and Recently Promoted Staff
Members hired or promoted after July 1 shall be exempted from the automatic salary adjustment for the
following January 1. The Township may, however, grant said increase based upon a performance
evaluation to be conducted by the department head and reviewed by the Township Manager. The Township
Manager’s decision shall be final.
C. Merit Stipends
Merit stipends are based upon performance and are not built into the base salary.
2004 from 0 - $1,300
2005 from 0 - $1,350
2006 from 0 - $1,400
D. Performance evaluations shall be prepared for each employee by their supervisor and/or department
head with approval by the Township Manager to determine if merit/performance increase shall be
granted. In the absence of a department head, the Township Manager shall review the employee’s
performance. In the event that the employee believes that the performance evaluation is not
representative of his/her performance; said employee may petition the Township Manager to
undertake an examination. The decision of the Township Manager shall be final.
E. The Township Manager shall have the authority to increase individual salaries when in his/her
opinion such an increase is warranted.
ARTICLE XII
CLOTHING ALLOWANCE/REPLACEMENT
A. The Park Maintenance Supervisor, Public Works Superintendent and Water/Sewer Supervisor shall receive
Uniform maintenance and work shoe/boot allowance in accordance with the Teamsters contract.
B. For all other Field Staff, the Township shall reimburse for any combination of shoes, boots, and/or rain gear not to exceed the following annual maximum:
2004 $130
2005 $140
2006 $150
ARTICLE XIII
EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is mutually agreed that there shall be no discrimination because of race, color, religion, sex, age,
marital status, national origin, physical disability or sex orientation based upon a bona fide job
requirement. Association and Township representatives shall work cooperatively to assure
the achievement of equal employment opportunities. Any employee who fails to cooperate to this end shall
be subject to disciplinary action. Furthermore, employees who feel they have been discriminated against
shall be encouraged to use the grievance provisions of this Agreement prior to seeking relief through other
channels.
ARTICLE XIV
SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of this Agreement to any employee or group of
employees is held invalid by operation of law or by a Court or other tribunal of competent
jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall
continue in full force and effect.
ARTICLE XV
FULLY BARGAINED PROVISIONS
This Agreement represents and incorporates the complete and final understanding and settlement by
the parties on all bargainable issues which were or could have been the subject of negotiations. During the term
of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not
covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the
parties at the time they negotiated or signed this Agreement.
ARTICLE XVI
TERMS OF AGREEMENT
This Agreement shall take effect retroactive to January 1, 2004 and shall remain in full force and effect
through December 31, 2006, and thereafter from year to year unless either party shall give notice in writing no
sooner than one hundred twenty (120) nor later than sixty (60) days in advance of the expiration date of this
Agreement of the desire to amend or terminate the same. All changes by the moving party must be submitted in
writing at the time the initial aforesaid notice is given. Thereafter, the responding party shall have thirty
(30) days to give notice of proposed changes and/or counter proposals in writing. No such changes by either
party shall be considered which are not received in accordance with this Section.
RANDOLPH TOWNSHIP SUPERVISORY TOWNSHIP OF RANDOLPH
ASSOCIATION MORRIS COUNTY, NEW JERSEY
By: ________________________ By: ______________________
Frank Howard John C. Lovell, Manager
________________________ ______________________
Date Date
Witness: Witness:
___________________________ _________________________
Frances S. Bertrand
Township Clerk
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