AGREEMENT
Between
BOROUGH OF HARVEY CEDARS
And
PBA LOCAL #175
________________________________________________________________________JANUARY 1, 2005 through DECEMBER 31, 2008 ________________________________________________________________________
Prepared by:
Daniel J. Malay
PBA Local #175
Reprinted 11/30/04
TABLE OF CONTENTS
AGREEMENT BETWEEN BOROUGH OF HARVEY CEDARS & PBA LOCAL #175
PAGE #
ARTICLE I
RECOGNITION 1
ARTICLE II
NEGOTIATION OF SUCCESSOR AGREEMENT 1
ARTICLE III
GRIEVANCE PROCEDURE 1 - 4
ARTICLE IV
MEMBER’S RIGHTS 5 - 6
ARTICLE V
WORK HOURS AND WORK YEAR 6
ARTICLE VI
OVERTIME, CALL-IN, AND STANDBY 6 - 7
ARTICLE VII
VACATION 8 - 9
ARTICLE VIII
SALARY 10
ARTICLE IX
BEREAVEMENT LEAVE 11
i ARTICLE X
HOLIDAYS 12ARTICLE XI
HEALTH CARE INSURANCE 12 - 13
ARTICLE XII
SICK LEAVE, PERSONAL LEAVE, AND LEAVE OF ABSENCE 13 - 15
ARTICLE XIII
PRIVATELY OWNED VEHICLES 16
ARTICLE XIV
UNIFORMS 16
ARTICLE XV
RESIGNATION 17
ARTICLE XVI
NO WAIVER 17
ARTICLE XVII
SAVINGS CLAUSE 17
ARTICLE XVIII
DURATION 18
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ARTICLE I: RECOGNITION
The Borough of Harvey Cedars hereby recognizes the PBA Local #175 as the exclusive
and sole representative for collective negotiation concerning grievances and terms and
conditions of employment for all police officers, whether under contract, on leave,
employed by the Borough; but excluding: The Chief of Police.
ARTICLE II: NEGOTIATION OF SUCCESSOR AGREEMENT
The parties agree to enter into collective negotiation over a successor agreement in
accordance with Chapter 123, Public Laws, 1975, in a good faith effort to reach
agreement on all matters concerning the terms and conditions of said employment. Such
negotiations shall begin not later than September 15 of the calendar year in which this
agreement expires. Any agreement so negotiated shall apply to unit employees, be
reduced to writing, be signed by the PBA and the Borough, and be adopted by the
Borough.
ARTICLE III: GRIEVANCE PROCEDURE
A. Definitions
1. Grievance: a "grievance" is a claim by a member or the PBA based upon the interpretation, application, or violation of this agreement, policies, or administrative decisions and practices affecting a member or a group of members.
2. Aggrieved Person: an "aggrieved person" is the person or persons or the PBA making the claim.1. 3. Party in Interest: a "party in interest" is the person or persons making the claim and any person, including the PBA or the Borough, who might be required to take action or against whom action might be taken in order to resolve the claim.B. Purpose
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems that may from time to time arise affecting members. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
C. Procedure
1. Time Limits: The number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. 2. Level One – Immediate Supervisor: A member with a grievance shall first discuss it with his Sergeant or immediate supervisor; either directly or through the PBA's designated representative, with the objective of resolving the matter informally.
3. Level Two - Chief of Police: If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or if no decision has been rendered within five (5) days after the presentation of the grievance, he may file the grievance in writing with the PBA. Within five (5) days after receiving the written grievance, the PBA shall refer it to the Chief of Police.
2. 4. Level Three - Borough: If the aggrieved person is not satisfied with the
disposition of his grievance at Level Two, or if no decision has been rendered within ten (10) days after the grievance was delivered to the Chief of Police, the PBA shall refer it to the Borough, through the Borough Clerk.
5. Level Four – Arbitration: If the aggrieved person is not satisfied with the
disposition of his grievance at Level Three, or no decision has been rendered within fifteen (15) days after the grievance was delivered to the Borough, he may request in writing that the PBA submit the grievance to arbitration. If the PBA determines that the grievance is meritorious, it should submit the grievance to arbitration within fifteen (15) days after receipt of a request by the aggrieved person.
a. Within ten (10) days after written notice of submission to
arbitration, the PBA and the Borough shall attempt to agree upon a mutually acceptable arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, either party may make a request for a list of arbitrators to the American Arbitration Association. The parties shall then be bound by the rules and procedures of the American Arbitration Association.
b. The arbitrator's decision shall be in writing, and shall be submitted to
the Borough and the PBA, and shall be final and binding on the parties.
c. In the event that arbitration of a grievance is at issue between the parties, jurisdiction to resolve the issue shall rest solely with the arbitrator selected in accordance with the provisions of Section C.5a of this article.
3. d. The costs for the services of the arbitrator, including per diem
expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Borough and the PBA. Any other expenses incurred shall be paid by the party incurring same.
D. Representation
Any aggrieved person may be represented at all stages of the grievance procedure by himself, or at his option, by representative(s) selected or represented by the PBA. The PBA shall have the right to present and to state its views at all stages of the grievance procedure.
E. Reprisals
No reprisal of any kind shall be taken by the Borough or by any member of the Borough against any party in interest, any representative, any member of the Association, or any other participant in the grievance procedure by reason of such participation.
F. Miscellaneous: Group Grievance
If, in the judgment of the PBA a grievance affects a group or class of members, the PBA may submit such grievance in writing to the Borough directly and the processing of such grievance shall be commenced at Level Two. The PBA may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.
4.
ARTICLE IV: MEMBER'S RIGHTS
A. No member shall be disciplined, reduced in rank, or denied any professional advantage without just cause. In all cases, any action taken or recommended by either the Chief of Police or any agent of the Borough shall not be made public, and in all cases, subject to the grievance procedure set forth in Article III.
B. Any action concerning discipline shall be subject to the progressive discipline policy. Progressive discipline being defined as:
1. Oral Warning
2. Written Reprimand
3. Dismissal
C. Any time a member is called before the Borough Committee regarding any action which could adversely affect the continuation of employment of that member, he shall be given notice of the meeting and reasons for same, and shall have a representative of the Association present to advise him at the meeting or council.
D. In no case shall any member be evaluated with deficiencies without the opportunity of at least ninety (90) days to correct any or all deficiencies noted on any evaluation.
E. The parties hereby acknowledge the command responsibility of the Chief of Police of Harvey Cedars, and the responsibilities and duties of that office as Chief of Police.
5. F. Each member shall have the opportunity to review his personnel folder at least once a year. In all cases, no material shall be placed in the personnel folder of any member without the officer's knowledge thereof, or without the initials of the member on any copy received from the Borough.
ARTICLE V: WORK HOURS AND WORK YEAR
A. Work Hours
1. In all cases, member's workload shall not exceed forty (40) work hours per week.
2. All overtime shall be paid at the rate of time and one-half (1 1/2) for all hours worked over forty (40) hours in any work week.
B. Work Year
The work year for employees shall be from January 1st to December 31st.
ARTICLE VI: OVERTIME, CALL-IN, AND STANDBY
A. Daily Work Hours: Schedule Posting
Work schedules showing the employees' shifts, work days, and hours shall be posted. Each work schedule shall be issued for a three-month period and shall be updated monthly to add a new third month to the schedule.
6. B. Call-in Time and Overtime
1. Any employee called to return to work outside of his regularly scheduled shift shall be paid a minimum of four (4) hours at time and one-half.
2. Overtime shall be paid at the rate of time and one-half the employee's regular hourly rate of pay for all time worked in excess of forty (40) hours in any workweek.
3. In the event an employee is called to duty other than his normal assignment for appearance in either a Municipal Court, Grand Jury, or any other Court, the employee shall be paid on the following basis: If the employee goes to the Court and if the time involved is greater than the forty (40) hour work week for any seven (7) day period described hereinabove, then the employee shall receive time and one-half. However, if the employee's time spent in Court is during the initial forty (40) hour work week, then he shall receive the normal straight time.
4. In no event shall overtime be paid without the prior approval of the Chief of Police or Sergeant of Police.
5. In the event an employee is required to stand by for possible work, that employee will receive compensation for the time on standby. That rate shall equal two-thirds (2/3) his normal salary.
6. Overtime shall be offered on a rotating basis using the current seniority list. If the voluntary overtime list has been exhausted without obtaining sufficient manpower, the Chief of Police may order mandatory overtime.
7.
ARTICLE VII: VACATION
A. Each employee shall be entitled to receive vacation time in addition to all other days as described in this agreement on the following schedule:1. During the first (1st) year No Vacation Earned
2. During the second (2nd) year
fourth (4th) year 80 working hours
3. During the fifth (5th) year
through the end of the
ninth (9th) year 120 working hours
4. During the tenth (10th)
year through the end of
the fifteenth (15th) year 160 working hours
5. During the sixteenth (16th) year 165 working hours
6. During the seventeenth (17th) year 170 working hours
7. During the eighteenth (18th) year 175 working hours
8. During the nineteenth (19th) year 180 working hours
9. During the twentieth (20th) year
and beyond 200 working hours
B. Vacation time shall be permitted for each employee with the prior written approval of the Chief of Police. Each employee shall give written request of such vacation time at least sixty (60) days prior to the requested vacation time. The parties recognize that the Borough of Harvey Cedars is a seashore vacation resort area. Accordingly, vacations during July and August must be taken in 40 hour increments.
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C. The employee shall be paid for his vacation time the last working day prior to the scheduled vacation.
D. Employees who wish may carry their earned vacation from the year before into the following year. Such earned vacation time may not be carried more than one year.
E. The employees shall continue the current practice of agreeing to work with less manpower on the affected shift when an employee takes his/her vacation so that the employer may not be required to replace the employee who is on vacation.
9.
ARTICLE VIII: SALARY
The annual base salary for each of the following classifications shall be as follows: Effective Effective Effective Effective
01/01/05 01/01/06 01/01/07 01/01/08
1. Patrolman non-academy 32,263 33,715 34,996 36,571
2. Patrolman academy grad 36,893 38,553 40,018 41,819
(first year)
3. Patrolman second year 41,658 43,533 45,187 47,220
4. Patrolman third year 47,819 49,971 51,870 54,204
5. Patrolman fourth year 55,894 58,409 60,629 63,357
6. Patrolman fifth year 60,788 63,523 65,937 68,904
7. Patrolman eighth year 65,060 67,988 70,572 73,748
8. Patrolman eleventh year 69,906 73,052 75,828 79,240
9. Patrolman fourteenth year 71,770 75,000 77,850 81,353
10. Patrolman seventeenth year 73,634 76,948 79,872 83,466
11. Sergeant 78,788 82,334 85,862 90,143
10.
ARTICLE IX: BEREAVEMENT LEAVE
Each member shall be entitled, in addition to his sick leave and personal time, bereavement leave for each of the following relatives according to the following schedule:
1. Tier One: 80 hours
a. Spouse
b. Child / Step-child
a. Parent / Step-parent
b. Brother / Sister
c. Parent-in-Law
3. Tier Three: 20 hours
a. Grandparent
b. Grandchild
c. Son / Daughter-in-Law
In addition to the above, a temporary leave of absence may be authorized by the Chief of Police with the approval of the majority of the Board of Commissioners. Bereavement leave will not be taken until the immediate supervisor is notified of the instance of bereavement. The borough may require proof of loss of decedent whenever such requirement appears reasonable. Bereavement leave is specifically provided to allow members time to make necessary arrangements to attend funeral services. Therefore, bereavement leave must include one of the following days and must be consecutive working days unless otherwise approved as above: date of death; date of interment; any day of viewing; day of religious or memorial service. In no event shall any part of bereavement leave occur more than fifteen (15) days from the date of death.11.
ARTICLE X: HOLIDAYS
There shall be twelve (12) paid holidays for each member of this unit. Holidays shall be paid at the rate of one and one-half times the officer's established hourly rate:
1. New Years Day 7. Labor Day
2. Martin Luther King Day 8. Columbus Day
3. President’s Day 9. Election Day
4. Good Friday 10. Veterans Day
5. Memorial Day 11. Thanksgiving Day
6. Independence Day 12. Christmas Day
Holiday pay shall be considered pensionable money and paid to each employee in their bi-weekly paycheck.
ARTICLE XI: HEALTH CARE INSURANCE
A. All present employees may choose any available plan within the SHBP for themselves and their families. The premiums for health benefits, prescription, and dental coverage will be fully paid by the Borough. In addition, the Borough will reimburse prescription eyewear costs up to $300.00 per year for the employee or covered dependent upon presentation of appropriate documentation.B. New employees shall be entitled to full health benefits for themselves and their families at the POS or DPP level. An employee may elect any other plan within the SHBP to increase coverage or reduce co pay by paying the additional premium costs in excess of what the Borough is paying.12. C. All police officers shall have a compulsory physical exam once a year, paid for by the Borough, upon presentation of a certificate and voucher. The Borough shall supply to the police officers a list of at least three doctors whom they can use for said physical.
ARTICLE XII: SICK LEAVE, PERSONAL LEAVE, AND LEAVE OF ABSENCE
A. Sick Leave
Each employee shall be granted fifteen (15) sick days per year. Twelve (12) days shall be accessible for minor illness or injury, and three (3) days shall be “banked” for use due to serious injury or illness with no limit on the amount of accumulation of both regular or banked days. Said accumulation shall be calculated from the employee's
original date of employment. Employees may use their sick days to care for dependents
living at least part-time within the employee's household. Banked time cannot be used to care for family members.
Banked days accumulate and can only be used under the following circumstances:
1. Sick days must first be used from the 12 days available of the current year.
2. Once the 12 days of the current year are used up, the employee can go into the banked days only for injury or serious illness as certified by a doctor. For routine illness or injury, regular accumulated days must be used.
3. Banked days used in excess of 3 shall be alternated with accumulated days on a 1 to 1 ratio.
4. Banked days cannot be sold back to the Borough at any time.
5. The banking of three sick days will cease upon an employee’s completion of his or her 20th pension year, and the employee shall be granted fifteen (15) regular sick days.13. At the end of each calendar year, an employee may elect to sell back to the Borough up to one-half of any unused portion (rounded up to the next higher full day) of the 12 sick days at the employee's regular rate of pay. For purposes of sick time sell-back, a day shall be computed at eight (8) hours.
Employees with 20 years pensionable service or more, and a minimum of 120 accumulated sick days inclusive of the bank, may elect to sell-back all of their remaining sick days for the current year as follows: ½ of the days at the full daily rate (rounded up to the next higher full day); the remaining ½ of the unused days at ½ the daily rate, capped at $1,000.00.
After three (3) consecutive days of sick leave, a physician's certificate may be required by the Chief of Police to indicate that the employee is capable of returning to work.
Sick days not taken, sold back, or banked shall accumulate from year to year and may be sold back to the Borough at the per diem rate of the employee upon retirement. The sum to be paid at the per diem rate shall not exceed $12,000.00 per employee.
Any remaining accumulated sick days may be sold back to the Borough at $115.00 per day. The total dollar amount for sick time sell back upon retirement shall not exceed $15,000.00.
Effective March 1, 1996 any new employees hired may sell back to the Borough any unused portion of their accumulated sick leave upon retirement at one-half the per diem rate. The total sum paid at the one-half per diem rate shall not exceed $12,000.00 per employee. Any remaining accumulated sick days may be sold back to the Borough at $115.00 per day. The total dollar amount for sick time sell back upon retirement shall not exceed $15,000.00.
14. B. Personal Leave
1. Personal leave shall be granted for personal, business, or religious observation,
according to the following schedule:
a. During the first (1st) year 10 hours for each three (3) months of completed service
b. During the second (2nd)
year and beyond. 40 hours
2. In any event, a patrolman must notify the Chief of Police at least one day in advance. In cases of emergency, a notification may be phoned in or waived. Personal
leave shall not be taken without a valid emergency need.
3. At the end of each calendar year, an employee may elect to sell back to the employer any unused personal days at his regular rate of pay.
4. Payment from section 3 above shall be paid to each employee during the first paycheck of December.C. Leaves of Absence
The Borough of Harvey Cedars shall grant a leave of absence to any member of the police department for good reason, which leave must be approved by the Chief of Police and a majority of the Board of Commissioners of the Borough of Harvey Cedars. In no event shall any leave of absence be granted for more than six (6) months. Notification of leave must be given four (4) weeks prior to leave.
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ARTICLE XIII: PRIVATELY OWNED VEHICLES
When, by necessity, the employer requires an employee to use his privately owned vehicle for police duties, the employer agrees to reimburse the employee on the basis of the current IRS approved amount for said function. Said money shall be reimbursed to the employee upon the submission of a proper voucher in accordance with the department rules and regulations and shall be paid to him in the normal course of business by the Borough. The employee shall be responsible for retaining all necessary insurance for his automobile, and shall make no claim against the employer for any damages arising out of the employee's use of his automobile.
ARTICLE XIV: UNIFORMS
Each member shall report to duty in proper uniform at the beginning of each shift. To defer the cost of uniforms, the employer shall supply to each new officer at the
Borough's total expense, a complete set of uniforms and equipment. Each succeeding year thereafter the employer agrees to reimburse each member up to the maximum amount of seven hundred fifty dollars per annum for the years 2005 and 2006, and up to the maximum amount of eight hundred dollars per annum for the years 2007 and 2008. Said reimbursement shall be used for replacement, maintenance, and cleaning of his uniforms upon submission of a proper voucher.
In addition, the Police Chief reserves the right to increase the allotted amount if he believes the amount shall not enable the member to be in the proper attire.
The Borough shall reimburse any member of the department for any personal property damaged as a result of performance of duty for Harvey Cedars upon the submission of a proper voucher. 16.
ARTICLE XV: RESIGNATION
Employees voluntarily resigning their position with the borough will receive
prorated credit / payment for any unused vacation, holiday, personal, or sick days, based
on resignation date.
Employees resigning their position with the borough for cause shall not be
entitled to any vacation, holiday, personal, or sick days during the year of resignation.
Additionally, the borough may deduct payment for time already used from the
employee’s final paycheck.
ARTICLE XVI: NO WAIVER
Any and all benefits previously enjoyed by the members of the Union will remain in effect unless otherwise agreed to by both parties. Except as otherwise provided in this agreement, the failure to enforce any provision of this agreement shall not be deemed as a waiver thereof. This agreement is not intended and shall not be construed as a waiver of any right or benefit to which employees are entitled by law.
ARTICLE XVII: SAVINGS CLAUSE
If any provision of the agreement is found to be invalid, such invalidity shall not impair the validity and enforceability of the remaining provisions of this agreement.
17.
ARTICLE XVIII: DURATION
The duration of this agreement shall be from January 1, 2005 through December 31, 2008, and its terms shall continue in effect until a successor contract is negotiated.
IN WITNESS WHEREOF the parties have hereunto affixed their hands and seal this _______ day of _______________, 2004.
ATTEST:
___________________________ _____________________________ BOROUGH CLERK COMMISSIONER, PUBLIC SAFETY
_____________________________
POLICEMEN'S BENEVOLENT ASSOC.,
INC., LOCAL NO. 175
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