Prepared by Law Offices of:
GENOVA BURNS LLC
494 Broad Street

973-533-0777TABLE OF CONTENTS

HYPERLINK \l "_Toc114136496"ARTICLE I - RECOGNITION PAGEREF _Toc114136496 \h 2

HYPERLINK \l "_Toc114136498"ARTICLE II – UNION SECURITY PAGEREF _Toc114136498 \h 3

HYPERLINK \l "_Toc114136502"ARTICLE III – HOURS OF WORK PAGEREF _Toc114136502 \h 4

HYPERLINK \l "_Toc114136504"ARTICLE IV - WAGES PAGEREF _Toc114136504 \h 6

HYPERLINK \l "_Toc114136506"ARTICLE V - OVERTIME PAGEREF _Toc114136506 \h 9

HYPERLINK \l "_Toc114136508"ARTICLE VI – PROMOTIONS PAGEREF _Toc114136508 \h 10

HYPERLINK \l "_Toc114136510"ARTICLE VII - SENIORITY PAGEREF _Toc114136510 \h 11

HYPERLINK \l "_Toc114136512"ARTICLE VIII – HEALTH INSURANCE PAGEREF _Toc114136512 \h 12

HYPERLINK \l "_Toc114136514"ARTICLE IX - HOLIDAYS PAGEREF _Toc114136514 \h 14

HYPERLINK \l "_Toc114136516"ARTICLE X - VACATION PAGEREF _Toc114136516 \h 15

HYPERLINK \l "_Toc114136518"ARTICLE XI – LEAVE OF ABSENCE PAGEREF _Toc114136518 \h 17

HYPERLINK \l "_Toc114136520"ARTICLE XII – GRIEVANCE PROCEDURE PAGEREF _Toc114136520 \h 23

HYPERLINK \l "_Toc114136522"ARTICLE XII – DISCHARGE AND DISCIPLINE PAGEREF _Toc114136522 \h 27

HYPERLINK \l "_Toc114136524"ARTICLE XIV- SAFETY AND HEALTH PAGEREF _Toc114136524 \h 28

HYPERLINK \l "_Toc114136526"ARTICLE XV – EQUAL TREATMENT PAGEREF _Toc114136526 \h 29

HYPERLINK \l "_Toc114136528"ARTICLE XVI - UNIFORMS PAGEREF _Toc114136528 \h 30

HYPERLINK \l "_Toc114136530"ARTICLE XVII – NO STRIKE OR LOCK-OUT PROVISIOINS PAGEREF _Toc114136530 \h 31

HYPERLINK \l "_Toc114136532"ARTICLE XVIII – SAVINGS CLAUSE PAGEREF _Toc114136532 \h 32

HYPERLINK \l "_Toc114136534"ARTICLE XIX – UNION RIGHTS PAGEREF _Toc114136534 \h 33

HYPERLINK \l "_Toc114136536"ARTICLE XX – COMPLETENESS OF AGREEMENT PAGEREF _Toc114136536 \h 35

HYPERLINK \l "_Toc114136538"ARTICLE XXI – MANAGEMENT RIGHTS PAGEREF _Toc114136538 \h 36

HYPERLINK \l "_Toc114136540"ARTICLE XXII – RULES AND REGULATIONS PAGEREF _Toc114136540 \h 37

HYPERLINK \l "_Toc114136542"ARTICLE XXIII – TERMINATION OR MODIFICATION OF THE AGREEMENT PAGEREF _Toc114136542 \h 38

ARTICLE XXIV - SHOP STEWARD……………………………………………………….……………….………39

This Agreement dated this day of , 2023, entered into by the City of Paterson, (hereinafter referred to as the “City”), and Teamsters Local 125 (hereinafter referred to as the “Union”) has as its purpose the promotion of harmonious relations between the City and the Union; the establishment of any equitable and peaceful procedure for the resolution of difference; and the establishment of rates of pat, hours or work and other conditions of employment. It is the successor to the Agreement by and between the parties, which expired June 30, 2019.

A. The City recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing salaries/wages, hours, and other conditions of employment, and the administration of grievances arising hereunder for the terms of this Agreement.

The City shall deduct an amount certified by the Union from the pay of those employees who individually request in writing to the City that such deductions be made. Such requests shall be made on a Union payment authorization card, which the Employer shall implement in a timely manner upon receipt.
In implementing this Section, and in accordance with the Workplace Democracy Enhancement Act, the Employer agrees to allow the submission of electronic authorizations in addition to paper written authorizations for payroll deductions. The aggregate deductions of all employees shall be remitted together with the Union’s billing statement to the Union by the fifteenth (15^th) of the succeeding month. To the extent the terms of this agreement conflict with the Union’s authorization card, the terms of this agreement prevail and void the conflicting terms of the Union’s authorization card.
Union members may revoke authorization of dues deduction by providing simultaneous written notice to the City and the Union. The Union agrees to indemnify and hold the City harmless against any liability, cause of action or claims of loss whatsoever arising as a result of said deductions.

A. Work Day-Police Department Employees Only

B. Work Day-Fire Department Employees Only

C. Work Schedule

D. Police and Fire Consolidation

· 2% wage increase for all PSTs in the first year of the contract (i.e., 2019).
· 2% wage increase for all PSTs in the second year of the contract (i.e., 2020).
· All PSTs’ salaries will be adjusted to $35,000 in 2021.
· All PSTs’ salaries will be adjusted to $40,000 in 2022.
· All PSTs’ salaries will be adjusted to $45,000 in 2023.

· 2% wage increase for all PSTS in the second year of the contract (i.e., 2020).
· All SPSTs will receive a $5,000 salary increase in 2021.
· All SPSTs will receive a $5,000 salary increase in 2022.
· All SPSTs will receive a $5,000 salary increase in 2023.

A. All non-exempt employees who are required to work in excess of forty (40) hours in one week shall be compensated at time and one-half of his/her regular rate of pay for all hours worked in excess of forty (40) hours. The compensation shall be in the form of cash or compensatory time at the employee’s discretion. This provision incorporates the City’s policy for “Compensatory Time for Non-Exempt Employees” found in the City of Paterson Personnel and Procedures Manual.

B. The overtime rate only applies to hours worked in excess of forty (40) hours a week by non-exempt employees. The compensation paid in excess of forty (40) hours shall be in the form of cash or compensatory time at the employee’s discretion. This provision incorporates the City’s policy for “Compensatory Time for Non-Exempt Employees” found in the City of Paterson Personnel and Procedures Manual.
C. Any employee called for emergency duty, in addition or outside of their regularly scheduled shift, shall be paid at time and one-half in accordance with the Fair Labor Standards Act for all hours worked during emergency duty.
D. All overtime will be distributed evenly on a rotating basis in order of seniority among those employees able to perform the work.
E. Once it has been determined that overtime is necessary the Supervisory Public Safety Telecommunicator or the Senior Public Safety Telecommunicator shall make the phone calls.

A. Promotion and Filling of Vacancies – Provisional
1. The term promotion means that advancement of an employee to a high position or the reassignment of an employee to a higher paying position.
2. During this period, employees who wish to apply for the open position, including employees on layoff, may do so. The application shall be in writing, and it shall be submitted to the employee’s immediate supervisor in order to be considered.
3. A notice listing those employees who have applied for the position and the employee or employees selected for the position shall be posted by the City on all bulletin boards within two (2) work days of the selection by the City and be posted for a period of at least ten (10) work days.
4. Any employee who bids for such promotion or vacant position in accordance with the above, and is denied such position shall be entitled to grieve the decision of the City, only through the 3^rd Step of the Grievance Procedure.
B. Promotion and Filling of Vacancies – Competitive Classification
Whenever a job opening occurs in competitive Civil Service job classification, the normal procedure for the selection for candidates from an appropriate Civil Service Eligibility List shall apply.
C. The City shall post all openings including promotions and provide a written copy to the Shop Steward and/or to the Union.ARTICLE VII

A. Seniority is defined as an employee’s total full-time service with the City beginning with his/her original date of hire, not inconsistent with the New Jersey Civil Service Commission rules.
B. Employees with the greatest of seniority will be given preference in selecting vacations and shifts where reasonable and practical to meet the needs of the City.
C. The City shall maintain an accurate up-to-date seniority roster showing each employee’s date of hire, classification and pay rate and shall furnish copies of same to the Union upon request.ARTICLE VIII

A. Hospitalization-Medical, Drug Prescription, Dental, Optical-Employees

1. The Employer agrees to provide coverage under the State Health Benefits Plan for all employees and their dependents as defined under the respective policies of insurance. The Employer agrees to provide major medical, dental, vision, and prescription drug insurance to all employees and their dependents. For the duration of this Agreement, each employee shall make the required contribution to this plan at the Tier 4 level under P.L. 2011, Chapter 78. Employees shall become eligible for all health benefits enumerated above upon the completion of sixty (60) calendar days.

2. The contribution shall apply to employees for whom the employer has assumed a health care benefits payment obligation to require that such employees pay at a minimum the amount of contribution specified in this section for health care benefits coverage. The parties agree that should an employee voluntarily waive all coverage under the State Health Benefits Plan and provide certification to the City that he/she has other health insurance coverage; the City will waive the contribution for that employee. An employee on leave without pay who receives benefits under the State Health Benefits Plan shall be required to pay the requisite contribution, and shall be billed by the employer for these contributions. Healthcare benefits coverage will cease if the employee fails to make timely payments.

3. The City reserves the right to self-insure or change insurance companies in providing health benefits agreed to hereunder as long as the benefits set forth in this Agreement, and presently in effect, are in the aggregate substantially equivalent. The Union will be notified by the City in advance regarding such changes.

B. Hospital, Medical, Dental and Drug-Prescription – Retirees

1. To all current employees who retire with 25 years or more of service credit with the City and who have reached 55 years of age;

a. Current employees as of December 31, 2020 who will have 25 years in the New Jersey pension plan and at least 5 years of service with the City will be grandfathered such that they are eligible for health benefits at age 55 as if they had 25 years of service with the City; and

b. Upon the death of these employees that retire with 25 years or more of service credit with the City, the surviving spouse and dependent children under the age of twenty-six (26) shall be entitled to continued coverage under the New Jersey State Health Benefits Plan with the City continuing to pay its same share of premiums and the surviving spouse and dependent children under the age of twenty-six (26) contributing to insurance premiums as required by law. The coverage shall cease if: (1) the spouse dies; (2) the spouse remarries; or (3) the spouse reaches the age of 65.

2. New hires after December 31, 2020 who retire with 30 years or more of service credit with the City and who have reached Medicare eligibility age, and

3. To employees who retire on Social Security Disability for a period of two (2) years from the date their Social Security Disability retirement commences, until they are eligible for Medicare. The City will pay Medicare Part B payments for these employees when they become eligible for Medicare; and

4. To all employees who retire on or after age 62 with fifteen (15) or more years of service with the City and were hired prior to July 1, 2005; and

5. To all current employees as of December 31, 2020 on or after age 65 with fifteen (15) or more years of service with the City and were hired after July 1, 2005.

C. Hospital and Medical – Spouses and Eligible Dependents of Deceased Employees

For employees hired prior to December 31, 2020, the City shall pay the cost of medical and hospital insurance under the New Jersey for the surviving spouses and eligible dependents of deceased employees who die while employed by the City. Surviving spouses and eligible dependents of deceased employees shall contribute to insurance premiums as required by law. This coverage shall cease if: (1) the spouse dies; (2) the spouse remarries; (3) the spouse reaches the age of 65; or (4) the spouse’s employer offers insurance coverage.

D. When employee contributions are negotiated for the successor agreement, the starting point for the parties' proposals to increase, decrease, or otherwise modify the contributions will be the present level of contributions.

A. The following days shall be recognized and observed as paid holidays:

1. New Year’s Day,

2. Dr. Martin Luther King Jr. Day,

3. Presidents’ Day,

4. Good Friday,

5. Memorial Day,

6. Juneteenth

7. Independence Day,

8. Labor Day,

9. Columbus Day,

10. Veterans Day,

11. Election Day,

12. Thanksgiving Day,

13. Day After Thanksgiving,

14. Christmas Eve, and Christmas Day.

A. 1. All full-time employees hired on or before July 1, 2003 shall receive an annual leave according to the following schedule:
Annual Leave Days
One thru Three Years 15
Four thru Ten Years 20
Eleven thru Twenty Years 25
Twenty Years and Over 30

2. All full-time employees hired on or after July 1, 2003 but before January 1, 2018 shall receive an annual leave according to the following schedule:

Leaves of absence for employees covered by this Agreement shall be as follows:
A. Funeral Time

a. Four (4) days shall be given to any employee in case of death of immediate family, defined as: spouse, civil union partner, mother, father, son, daughter, sister, brother, grandparents, grandchildren, mother-in-law, or father-in-law.

b. One (1) day shall be given to any employee in case of death of brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or cousin.

c. Employees may only request to take funeral leave from the date of the family member’s death through the day of funeral.

d. The City reserves the right to request documentation to verify the employee’s proper use of funeral leave. Documents that may be requested include, but are not limited to, death certificate, obituary, and proof of relationship to the deceased.

Except in cases of emergency, all requests for use of personal time must be made via the Request for Personal Day form to the Paterson Fire Chief as far in advance as possible but not less than five (5) working days prior to the personal day to be taken. Approval or rejection will be given by the Paterson Fire Chief within three days of the receipt of the request. In case of emergency, an employee shall notify the Paterson Fire Chief within fifteen (15) minutes of the employee's start time if he/she must use personal leave. See the City of Paterson Personnel Policies and Procedures Manual for the Personal Day Request form.

Personal leave must be taken in full day increments.

Any employee who exhausts all personal leave in any one year shall not be credited with additional paid personal leave until the beginning of the next calendar year.

If an employee terminates employment prior to the end of the calendar year, an adjustment will be made in the final paycheck for leave used but not earned.

Upon termination of employment, an employee will forfeit his or her accrued but unused personal days. The City will not compensate employees for accrued but unused personal days.

Part-time employees are not entitled to personal days.

A. Sick leave. Full-time employees shall receive a sick leave credit of no less than one (1) working day for each completed month of service during the remainder of the first calendar year of service and fifteen (15) working days in every year thereafter.

B. Entitlement. Employees shall be entitled to utilize accumulated sick leave for the following reasons:

1. Personal injury or illness;

2. Where exposure to contagious diseases endanger the health of other employees;

3. Where a member of the employee’s immediate family is critically ill or disabled;

4. For medical or dental examination or treatment for which arrangements cannot be made; or outside of working hours.

C. A doctor’s note shall be required after five (5) consecutive days of sick leave or whenever it appears reasonable to the City to request a doctor’s certification. Failure to submit doctor’s certificate upon request may subject the employee to disciplinary action.

D. Payment of accumulated sick leave. The City shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000. Supplemental compensation shall be payable in lumpsum only at the time of retirement from a State-administered or locally administered retirement system based on the leave credited on the date of retirement.

A. DEFINITION

5. Time of Meetings and Hearings- Working Hours – All discussions, meetings and hearings between the grievant(s), Supervisors, Department Head or designee, Business Administrator and others, shall be for as practicable, be conducted within the grievant’s working hours. A grievant and his representative shall be allowed such time off from their regular duties, without loss of pay or benefits, as may be necessary and reasonable for hearings and discussions. However, all grievance meetings with the City shall not entitle any employee to overtime compensation.

4. STEP 2 – Department Head– if no satisfactory agreement is reached after the discussion with the immediate supervisor, the grievance may be submitted to the Department Head or designee within five (5) days. The Department Head or designee shall have ten (10) days to submit his decision in writing to the Union and the grievant.

5. STEP 3 – Business Administrator – If no satisfactory agreement is reached after Step 2, the grievance may be submitted to the Business Administrator or designee within five (5) days after receipt of the Step 2 decision. The Business Administrator designee shall have ten (10) days to submit a decision in writing to the Union and the grievant.

7. Grievance file – All copies of grievance forms, records, documents and other communications relating to a grievance and its processing shall be filed in a separate “Grievance File” in the Office of the Business Administrator, and none of these aforementioned papers or any reference to them shall be kept in the Personnel File of any of the participants. The Union shall be provided a copy of the grievance documents upon request, so long as the requested document is not protected under privilege.

8. Grievance Forms – Forms necessary for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Business Administrator or his designee and the Union, and be given appropriate distribution so as to facilitate operation of the grievance procedure.

F. DISCIPLINE AND DISCHARGE

1. For application of the provision of this Article to disciplinary actions, please refer to the Discipline and Discharge provision at Article XIV of this Agreement.
.ARTICLE XIII

MINOR DISCIPLINE: The Union shall have the right to submit a grievance concerning a minor suspension, within the meaning of N.J.A.C. 4A:2-3.1, of a permanent employee directly to Step Three, and any appeal shall be handled in accordance with the grievance procedure of Article III, including arbitration.

MAJOR DISCIPLINE: All bargaining unit members with permanent Civil Service status subject to major discipline within the meaning of N.J.A.C. 4A:2-2.2(a) shall be required to challenge said discipline through Civil Service rules and regulations and shall be precluded from using the Grievance Procedure to resolve the discipline.

A grievance may be settled at any stage of the disciplinary action, providing the Union shall be notified and offered the opportunity to be present at all meetings, hearings, disciplinary proceedings or discussions which involve the employees covered by this Agreement. The employee and the Union shall be provided with a written copy of any such settlement.

.ARTICLE XIV

A. The City shall at all times maintain safe and health working conditions within the area in which the employees who are covered by the terms of this Agreement work.
B. 1. To facilitate communication between the parties and to promote a climate conducive to constructive employee relations, joint labor-management committees shall be established at the departmental levels of operations to discuss important matters of mutual interest. The size of the committees shall be limited to the number of representatives needed to accomplish their objective. Committee size shall be determined by mutually agreed upon local arrangement.
2. Such committees will meet as necessary, but at least quarterly. Written agenda will be submitted a week in advance of regular meetings. Special meetings may be requested by either party. An agenda will be submitted along with the request. Such special meetings will be scheduled as soon as possible.
3. Approved time spent in such meetings shall neither be charged to leave credits nor considered as overtime worked. The City shall make every effort to schedule meetings during reasonable hours without loss of pay.
4. The Employee Relations Joint Labor Management Committees will meet quarterly.
5. Labor-Management Committee meetings shall be conducted in good faith. These committees shall have no power to contravene any provisions of this Agreement. Matters may be referred to and from the facility and department levels as necessary. The parties may issue joint meeting minutes and letters of understanding.ARTICLE XVI

The City and the Union agree there shall not be any discrimination, including harassment, based on race, creed, color, religion, national origin, nationality, ancestry, age, sex, familial status, marital status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or make available the results of a genetic test, veteran status, liability for military service, and mental or physical disability, including perceived disability and AIDS and HIV status, political affiliation, Union membership/activity, or any other legally protected status.

A. New employees will receive two uniform shirts and two uniform pants upon hire.

B. Existing employees will receive one uniform shirt and one pair of uniform pants in January and July of each year of the agreement.

A. Neither the Union, nor the employees, nor the City, shall instigate, promote, sponsor, engage in, or condone any strike, picketing, slowdown, concerted work stoppage, lockout, or any other intentional interruption of work. In the event any person violates the terms of the no-strike clause, the City shall have the right to discharge or otherwise discipline such person. In the event that an arbitration proceeding is instituted which involves a breach of the no-strike clause, the sole question for the arbitrator shall be whether the employee was engaged in the prohibited activity.ARTICLE XVIII

A. In the event that any provision of this Agreement shall at any time be declared invalid by legislative act or any court of competent jurisdiction, or through governmental regulations or decree, such decision shall not invalidate the entire Agreement, it being the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

B. The parties further agree to negotiate a substitute for the invalidated portion to the extent the matter is subject to negotiations.

C. If in any case this Agreement is in conflict with New Jersey Civil Service Commission regulations, the New Jersey Civil Service Commission regulations will prevail.

A. Visits by representatives of the Union shall be allowed after reporting to the office and when clearance is provided, when Union business requires such visits and police security is not in question.

1. The Union shall have the right to use the office buildings and other facilities to meet with negotiations unit employees during the workday to investigate and discuss grievances, workplace-related complaints, and other workplace issues during lunch and other non-work breaks and before and after the workday, provided such meetings do not interfere with City operations.

2. The Union shall also have the right to conduct worksite meetings to discuss workplace issues, collective negotiations, the administration of collective negotiations agreements, other matters related to the duties of the Union, and internal Union matters involving the governance or business of the Union, provided such meetings are during lunch and other non-work breaks and before and after the workday, and further provided such meetings do not interfere with City operations.

3. The City agrees to permit representatives of the International Union, the Union Council, and the Local Union to enter the premises of the City for individual discussion of working conditions with the employees, provided such representatives first notify the Fire Chief and do not unduly interfere with the duties of the employees.

4. Requests shall be made at least one (1) week in advance of the proposed date of use and liability or the damages, care and maintenance and any costs which are attendant thereto shall be borne by the Union.

5. Meetings conducted in City owned or leased buildings shall not be for the purposes of supporting or opposing any candidate for partisan political office, or for the purpose of distributing literature or information regarding partisan elections.

6. The City may charge the Union for maintenance, security, and other costs related to the use of this space by the Union that would not otherwise by incurred by the University.

C. The Union shall have the right to email Local 125 negotiations unit employees who have City email accounts for the purpose of communication with negotiations unit employees regarding collective negotiations, the administration of collective negotiation agreements, the investigation of grievances, other workplace-related complaints and issues, and internal Union matters involving the governance or business of the Union. The Union’s email use shall be consistent with City policy.

D. A Safety Committee, consisting of one (1) member appointed by the Business Administrator and one (1) member of the Union will make periodic safety inspections, and submit in writing to the Business Administrator’s office, a report of conditions deemed hazardous or unhealthy so that corrective measures may be instituted.

E. Dispatchers shall be allowed to attend special training sessions to update skills and knowledge on new procedures and equipment as manpower needs allows.

F. The City shall allow distribution of literature regarding benefits, insurance, etc. shall be made available.

G. The City agrees to provide a bulletin board for the exclusive use of the Union to post notices and other Union information at each work institution.

.ARTICLE XX

A. This Agreement represents and incorporates the complete and final understanding by the parties on all bargainable issues which were or could have been the subject of negotiations.ARTICLE XXI

A. The City 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. The executive management and administrative control of the City 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 City.
2. 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.
3. 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 City, after advance notice thereof to the employees.
4. To hire all employees, to promote, transfer, assign or retain employees in positions within the City.
5. To suspend, demote, discharge, or take any other appropriate disciplinary action against any employee for good and just cause according to law.
6. 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.

A. Proposed new rules or modifications of existing rules covering negotiable working conditions shall be negotiated with the Union before they are established.
B. All written rules and regulations shall be provided to the Union immediately upon promulgation.ARTICLE XXIII

This Agreement shall be in full force and effect retroactive to July 1, 2019 and shall remain in effect to and including June 30, 2024 . This Agreement shall continue in full force and effect from year to year thereafter unless one party or the other gives notice in writing, no sooner than one hundred fifty (150) days, nor later than ninety (90) days prior to the expiration date of this Agreement of a desire to change, modify or terminate this Agreement. If such written notice is given, and a new contract is not signed before the expiration date of the old contract, this Agreement is to continue in full force and effect, until a new contract is signed.

IN WITNESS WHEREOF, the Union and the City have executed this Agreement this ____ day of ____________________, 2023.
This Agreement is subject to City Council ratification and will be executed after such ratification.
CITY OF PATERSON TEAMSTERS LOCAL NO. 125

By: By:
MAYOR

By: By:
BUSINESS ADMINISTRATOR

By: By:
CITY CLERK




















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