1
PREAMBLE
This Agreement effective as of the day of 2006 by and between the Borough of Avon-By-The-Sea, Monmouth County, New Jersey, hereinafter referred to as the “Employer” and the Avon Policemen’s Association of Local PBA No. 50, hereinafter referred to as the “Association”.
WITNESSETH:
WHEREAS, it is the intent and purpose of the parties hereto to promote and improve the harmonious and economic relations between the Employer and its employees and to establish a basic understanding relative to rate and hours of work and other conditions of employment consistent with the law;
NOW, THEREFORE, in consideration of these promises and mutual covenants herein contained, the parties hereby agree with each other with respect to the employees of the Employer recognized as being represented by the Association as follows:
ARTICLE I
RECOGNITION AND SCOPE OF AGREEMENT
SECTION 1. The Employer hereby recognizes the Association as the sole and exclusive representative of all employees in the negotiation unit as defined in Article I, Section 2 herein, for the purpose of collective bargaining and all activities and processes relative thereto.
SECTION 2. The bargaining unit shall consist of all the regular full-time police officers of the Avon Police Department now or hereafter employed except the Chief of Police.
SECTION 3. The Agreement shall govern all wages, hours and other conditions of employment herein set forth.
SECTION 4. This Agreement shall be binding upon the parties.
ARTICLE II
MANAGEMENT
SECTION 1. Nothing in this Agreement shall interfere with the rights of the Employer in accordance with the applicable law, rules and regulations to:
(a) Carry out the statutory mandate and goals assigned to a municipality utilizing personnel, methods and means in the most appropriate and efficient manner possible.
(b) Manage employees of the Employer, to hire, promote, transfer, assign or retain employees in positions within the Employer and in that regard to establish reasonable work rules. Such work rules shall be in written form and a copy shall be provided to each member of the Association with applicable amendment thereto.
(c) Suspend, demote, discharge or take other appropriate disciplinary action against an employee for just cause; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be insufficient and non-productive. In the reduction or lay-off of certified personnel employed in the Police Department and performing police functions, seniority shall prevail at all times and in subsequent rehiring.
(d) Nothing in this Agreement shall interfere in any way with the statutory or case law powers of the Director of Public Safety.
ARTICLE III
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 the Agreement and to resolve grievances as soon as possible so as to assure efficiency and 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 Chief of the Department to have the grievance adjusted without the intervention of the Association.
B. Definition
1. The term “grievance” as used herein means any controversy arising over the interpretation, application or adherence to the terms and conditions of the Agreement or violation of policies or work rules affecting the Association or any of its members, or the applicability of any law affecting an individual employee, the Association or the Borough of Avon. The grievance procedure shall include coverage of minor discipline. Minor discipline is defined as five (5) days of suspension or equivalent fine or any lesser penalty.
- Steps of the Grievance Procedure:
Step One:
1. 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:
(a) The Association or an employee shall institute action under the provisions hereof within ten (10) days of the occurrence of the grievance, an earnest effort shall be made to settle the differences between the parties and the Chief of the Department, or his designee for the purpose of resolving the matter informally. Failure to act within the said ten (10) days shall be deemed to constitute an abandonment of this grievance.
(b) The Chief of the Department, or his designee, shall render a decision within ten (10) days after receipt of the grievance, unless a hearing cannot be set within that time.
(c) For the purpose of this Step One an action shall be considered “instituted: upon receipt by the Chief of the Department, or his designee, of a written statement setting forth the grievance and a request for a decision.
Step Two:
1. In the event the grievance is not settled through Step One, the same shall be reduced to writing by the Association and signed by the aggrieved and filed with the Director of Public Safety (or his representative) within five (5) days following the determination by the Chief of the Department.
2. The Director of Public Safety, or his representative, shall render a decision in writing within five (5) days from the receipt of a grievance, unless additional time is necessary for a hearing.
ARTICLE IV
ARBITRATION
Step Three:
1. If such grievance is not resolved to the satisfaction of the Association following such meeting, the Association may refer the matter within ten (10) days to the American Arbitration Association for binding arbitration. The rules of the American Arbitration Association shall govern the conduct of any hearing.
2. After hearing the dispute, the Arbitrator shall render his decision within thirty (30) days, which decision shall be final. The expense of all such arbitration shall be borne equally by the parties.
ARTICLE V
DISCHARGE AND SUSPENSION
SECTION 1. No employee shall be disciplined or discharged without just cause, and a departmental hearing before the Chief of Police or the Director of Public Safety. Removal from office of an employee shall be in compliance with N.J.S.A. 40A:14-147, et seq.
ARTICLE VI
WORKING HOURS
SECTION 1. The parties understand and agree that the standard weekly work schedule for employees covered by this Agreement requires employee services continuously throughout the seven (7) day week, and that the standard work week shall consist of forty (40) hours of work and eight (8) hours within a twenty-four (24) hour period, which shall be the standard work week on the assigned schedule.
SECTION 2. The work week shall consist of forty (40) hours on a shift on a schedule to be approved by the Chief of Police or his designee.
SECTION 3. In times of emergency, all members of the Association are subject to call unless they are on authorized sick or injury leave.
SECTION 4. The Police Chief may from time to time call general police meetings for purposes of instruction and/or procedural guidance and information.
SECTION 5. Overtime compensation pay at the rate of time and one-half will be paid to any member of the Association for all work performed beyond the forty (40) hour weekly schedule. The overtime rate shall be calculated on the rate of pay as set forth in Appendix A-1, A-2 or A-3 and shall include longevity pay. It is further understood that the employees shall have the option to have overtime as compensatory time off at time and one-half of the overtime hours worked.
SECTION 6. The minimum call back/call in time shall be of three (3) clock hours in duration. Court time and jail runs shall be considered call-in and all full time officers covered by this contract shall be paid a minimum of three (3) hours for said duties.
SECTION 7. All officers shall be entitled to personal days in accordance with the following schedule, subject to the approval of the Chief of Police; except in an emergency, 72 hours prior notice must be given by the officer requesting the personal day off to the Chief of Police or his designee:
After one (1) year of service 3 personal days
After three (3) years of service 4 personal days
After five (5) years of service 5 personal days
SECTION 8. Any officer held over on duty following the end of his regular shift shall receive compensation for such additional time at the rate of time and one-half.
SECTION 9. Employees shall be allowed to accumulate a maximum of ninety (90) hours compensatory time. No employee who currently has in excess of ninety (90) hours of compensatory time shall accumulate additional compensatory time until, through attrition, the employee has less than ninety (90) total hours of such time.
SECTION 10. Overtime opportunities created when the Borough replaces a scheduled police officer who is absent (e.g. sick, vacation, compensatory time) shall be offered first to bargaining unit members. Overtime assignments shall be made in accordance with the present procedures that are now in place.
ARTICLE VII
COLLECTIVE BARGAINING PROCEDURE
SECTION 1. Collective bargaining with respect to rates of pay, hours of work or other conditions of employment shall be conducted by the duly authorized bargaining agent of each of the parties. Unless otherwise designated, the Director of Public Safety or his designee, and the committee of the Association, or their designee, shall be the respective negotiation agents for the parties.
SECTION 2. Collective bargaining meetings shall be held at times and places mutually convenient at the request of either party.
SECTION 3. Employees of the Employer who may be designated by the Association to participate in collective bargaining meetings called for the purpose of the negotiation of a Collective Bargaining Agreement, will be excused from their work assignments if assigned to regular duty at that time.
SECTION 4. Ordinarily, not more than three (3) representatives of each party shall participate in collective bargaining meetings.
SECTION 5. The parties shall commence negotiations for a new or successor Agreement no later than 150 days prior to the Employer’s required budget submission date which shall be defined as the first budget implementing the new or successor Agreement.
ARTICLE VIII
VACATIONS
SECTION 1. Full-time employees shall receive vacation with pay in each calendar year according to the following schedule:
New employees (first year) 5 days
Two through seven years 10 days
Eight through fifteen years 15 days
Sixteen through twenty years 20 days
After twenty years 25 days
SECTION 2. In order not to hamper proper and efficient police operations, both parties agree that the scheduling of vacations must be left up to the Employer, but the following conditions shall be observed in such scheduling:
(a) Selection of vacation shall be based upon seniority.
(b) Employees shall be able to take vacation in any of the twelve (12) months of the year.
(c) Employees shall have the option of splitting their vacation period with another agreeable employee with the authorization of the Chief of Police.
(d) No more than one regular officer shall be on vacation at the same time. If more than one man requests vacation at the same time, it shall be subject to the approval of the Chief of Police.
(e) All employees will submit vacation requests at least fourteen (14) days in advance.
ARTICLE IX
HOLIDAYS
SECTION 1. The Employer agrees to provide fourteen (14) holidays to all full-time employees of the Police Department, to be paid at the employee’s regular hourly rate of pay. Holidays shall be taken as a compensatory day off at the employee’s regular rate of pay or may be cashed in at the end of the calendar year.
SECTION 2. The following are the fourteen (14) paid holidays observed by the Borough of Avon:
New Year’s Day Veteran’s Day
Martin Luther King Day Thanksgiving Day
Washington’s Birthday Day after Thanksgiving
Good Friday Christmas Day
Memorial Day Day after Christmas
Independence Day Employee’s Choice:
Labor Day Birthday, Anniversary, etc.
Columbus Day
ARTICLE X
SICK LEAVE
SECTION 1. Definition.
(a) Sick Leave is hereby defined to mean, absence from duty, due to illness. Does not include Injured on Duty.
SECTION 2. Sick Leave.
(a) All employees covered by this Agreement shall be entitled to fifteen (15) days per year which shall be cumulative from year to year if not used. If an employee needs additional sick days due to extended illness or hospital stay, additional days may be granted upon appeal to the Board of Commissioners. For purpose of retirement, or termination of employment, accumulated sick time has no monetary value.
(b) Any employee who is absent on sick leave for more than three (3) or more consecutive working days, shall be required to submit a doctor’s note substantiating the illness.
(c) After ten (10) consecutive days of illness, the Chief of Police and/or the Director of Public Safety, shall have the option to request a second opinion from a doctor agreed upon by both parties (employee and employer). If parties cannot agree upon the doctor, the Borough of Avon will submit a list of three (3) doctors’ names from which the employee will select one from the list. All bills incurred for the second opinion will be paid for by the Borough of Avon.
(d) If an obvious pattern develops as to an abuse of the use of sick days off instead of the use of personal or vacation days, the officer in charge of the department will notify the employee involved and discuss the matter. If an obvious pattern of abuse continues to exist, then a doctor’s note may be required for any such day taken off. Request will be made from the Officer In Charge of the department. If a doctor’s note is not produced a personal or vacation day will be assessed.
SECTION 3. Incentive.
(a) All employees will be entitled to the following sick leave incentive:
No days out sick for calendar year $500.00
One (1) days out sick for calendar year 250.00
Two (2) days out sick for calendar year 125.00
Three (3) days out sick for calendar year 62.50
More than three (3) days out sick for calendar year – no incentive
(b) All incentive pay will be earned and payable on the last day of the year, shall not be paid pro rata for any portion of the calendar year and shall not be part of the salary check.
ARTICLE XI
INJURY LEAVE
SECTION 1. Whenever a member of the Association is incapacitated from duty because of physical injury sustained in the performance of his duty, he shall receive his salary less such amounts as shall accrue or be paid to said injured member by Worker’s Compensation benefits. This said salary shall continue during the term and period of temporary compensation benefits and authorized by Worker’s Compensation statutes of the State of New Jersey. However, any permanent or partial permanent award made to said employee by any Worker’s Compensation Court or any other court of competent jurisdiction, shall be and remain in the property of the said employee and shall not be reimbursed to the Employer.
SECTION 2. An Association member shall, as soon as practicable after a physical injury has occurred in the course of duty, file a Worker’s Compensation Petition and failure to do so shall render this provision for payment of salary void, and said salary shall cease forthwith.
SECTION 3. The provisions herein recited in the event of a physical injury sustained by a member of the Association in the course of duty, shall exceed the term of 180 days from the onset of said physical injury. The time wherein said member of the Association is not permitted or is unable by reason of certifications by a qualified physician to perform such duties as shall be directed by the Chief of Police, or his designee, resulting from the said physical injury, shall not be charged against sick leave of the said Association member. The physician referred to herein shall be acceptable to both parties.
SECTION 4. The Employer retains the right in its discretion to extend the period of payment referred to in all of the sections hereinbefore recited, due to injury beyond the term of 180 days if permitted by law.
SECTION 5. If in any event a disagreement arises with respect to the existence or extent of a job-connected disability, such issue shall be determined by a qualified physician agreed to by both parties to this Agreement.
ARTICLE XII
NO-STRIKE PLEDGE
SECTION 1. 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 or the employee’s duties of employment) work stoppage, slowdown, walkout, or other deliberate interference with normal work procedures against the Borough of Avon. The Association agrees that such action would constitute a material breach of the Agreement.
SECTION 2. In the event of a strike, slowdown or walkout, 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.
SECTION 3. 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 deliberate interference with normal work procedures against the Borough of Avon.
SECTION 4. Nothing contained in this Agreement shall be construed to limit or restrict the Borough of Avon or Director of Public Safety in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages or both in the event of any breach by the Association or its members.ARTICLE XIII
EXCHANGE OF DAYS OFF AND TIME OFF
SECTION 1. The Chief of the Police Department or his representative may grant a request of any member of the Department to exchange hours, duty, or days off, subject to rules and regulations pertaining to all members who make this request. The request shall not be unreasonably or arbitrarily denied.
SECTION 2. The employees shall be able to use any overtime accumulated during the year as compensatory time off.
SECTION 3. No employee who currently has in excess of ninety (90) hours of compensatory time shall accumulate additional compensatory time until, through attrition, the employee has less than ninety (90) total hours of such time.
ARTICLE XIV
DEATH IN THE FAMILY
SECTION 1. Employees shall be allowed the following time off in case of the death of father, mother, grandfather, grandmother, wife, son, daughter, brother, sister: three (3) days.
SECTION 2. For grandchild, uncle, aunt, nephew, niece, brother-in-law, sister-in-law, cousin of the first degree: the day of burial only.
SECTION 3. For father-in-law, mother-in-law, son-in-law, daughter-in-law: the day of burial at the discretion of the Chief of Police.
SECTION 4. Exceptions to these rules may be made where the deceased is buried in another city and the member would be unable to return in time for duty with leave granted, subject to approval of the Chief of Police and the Director of Public Safety. The employee agrees that any additional time off will be charged against compensatory time.
ARTICLE XV
P.B.A. REPRESENTATIVES
SECTION 1. The employer agrees to grant the necessary time off without loss of pay to the President of the P.B.A. Local #50 and such other members of the Local P.B.A. #50 selected as delegates to attend any State or National convention of the New Jersey Policemen’s Benevolent Association as provided under N.J.S.A. 11:26C-4.
SECTION 2. In addition, the local delegate shall be entitled to one day off each year with pay to attend to P.B.A. Local #50 matters.
ARTICLE XVI
MAINTENANCE AND MODIFICATION OF WORK RULES
SECTION 1. All work rules and conditions of employment relating to general working conditions contained in the rules and regulations of the Police Department, Ordinances or Resolutions of the Borough pertaining to Police Employees, or directives from the Office of the Police Chief, or Director of Public Safety, which are of universal application within the Police Department, currently in effect, shall be maintained for the life of this Agreement, unless changed in writing by both parties to this Agreement, subject to the necessity of any ordinance change.
ARTICLE XVII
HOSPITALIZATION, LIFE INSURANCE AND WELFARE
SECTION 1. Whenever a member or officer of a municipal police department or force is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the governing body of the municipality shall provide said member or officer with the necessary means for the defense of such action or proceeding, but not for his defense in a disciplinary proceeding as a result of a complaint on behalf of the municipality. If any such disciplinary or criminal proceeding instituted by or on complaint of the municipality shall be dismissed or finally determined in favor of the member or officer, he shall be reimbursed for the expense of his defense.
SECTION 2. The above mentioned necessary means for the defense of such action shall mean, for a criminal matter, legal advice and legal defense of an attorney chosen by the employee. When the action is civil in nature, the Employer shall furnish an attorney, except where a claim is made for punitive damages or in any other matter not covered by the Employer’s insurance policy. In that event, and for that purpose or claim only, the employee shall have the right to an attorney of his choosing at the expense of the Employer.
SECTION 3. The Borough of Avon shall provide and assume all the costs for hospitalization and medical insurance for all full-time regular police officers and their dependents. This shall include the following:
The Employer may substitute a comparable plan provided the amount and extent of medical insurance coverage remains the same. The term “dependents” used herein shall include only the employee’s immediate family and it is specifically understood that it shall not include mothers, fathers, uncles, aunts, mother-in-laws, father-in-laws, nieces, nephews, etc., and all other persons of similar standing. The Borough may increase the hospital office visit co-pay from $10.00 to $20.00 if same change is made for the Borough’s other employees.
SECTION 4. The Borough shall continue to pay premiums for employees covered by the Agreement who have retired after not less than twenty-five (25) years of service, until said employee reaches the age at which time he/she is entitled to and eligible to enroll in the Medicare program.
SECTION 5. All full-time police officers covered by this Agreement will be eligible for the Borough funded prescription plan. The Borough shall have the right to require eligible employees to remit a co-payment for a prescription plan of ten ($10.00) dollars per prescription for generic and twenty ($20.00) for brand name drugs and thirty-five ($35.00) dollars for formulary drugs.
SECTION 6. In the event a full time employee of the Police Department covered by this agreement dies while actively employed for the Borough, hospitalization and prescription will continue to be paid by the Borough for the surviving spouse and dependents until such time as the spouse remarries or in the case of the dependents when they are no longer considered dependents.
SECTION 7. All eligible full time employees hired after January 1, 2003 shall be eligible for hospitalization and prescription coverage paid for by the Borough for the employee only. Said employees will pay 20% and the Borough will pay 80% of the difference of coverage cost for husband/wife or family coverage.
ARTICLE XVIII
SEPARABILITY AND SAVINGS
SECTION 1. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be 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.
SECTION 2. If any such provisions are so invalid, the Employer and the Association will meet for the purpose of negotiating changes made necessary by applicable law.
ARTICLE XIX
DISCRIMINATION AND COERCION
SECTION 1. There shall be no discrimination, interference or coercion by the Employer or any of its agents against the employees represented by the Association because of membership or activity in the Association. The Association shall not intimidate or coerce employees into membership. Neither the Employer nor the Association shall discriminate against any employee because of race, creed, color, sex, national origin, or political affiliation.
ARTICLE XX
BULLETIN BOARD
SECTION 1. The Employer shall provide a Bulletin Board in a conspicuous location in the Patrol Division for the use of the Association for posting notices concerning Association business and activities. All such notices shall be posted only upon the authority of officially designated Association representatives and shall not contain salacious, inflammatory or annoying material.
ARTICLE XXI
CLOTHING ALLOWANCE
SECTION 1. A clothing allowance shall be paid to all employees covered by this agreement. Detectives shall receive the same allowance.
2006 $875.00
2007 $900.00
2008 $925.00
SECTION 2.
(a) In the event that a regular police officer’s uniform is to be cleaned or found to be in need of repairs or replaced, the Chief of Police or his designee, shall inform said employee to correct the violation within two weeks. If corrections are not made, new uniform will be purchased and deducted from the employee’s salary.
(b) A clothing maintenance allowance shall be paid to all employees covered by this Agreement and will be paid by July 1st. Payment shall be pro-rated for any such officer not working the full calendar year.
2006 $875.00
2007 $900.00
2008 $925.00
SECTION 3. The Employer, with the Chief’s approval, agrees to replace any uniforms or equipment which is damaged in the execution of the employee’s duties.
ARTICLE XXII
SALARY
SECTION 1. Base salaries for employees covered by this contract shall be as set forth on Appendix A-1, A-2 and A-3.
SECTION 2. For the purpose of evaluations, the probationary period shall run through one (1) year after graduation from the police academy. For salary guide purposes, the date of hire shall dictate the anniversary dates.
ARTICLE XXIII
LONGEVITY PAY
SECTION 1. Each officer shall receive as additional compensation the following:
Beginning with: Longevity amount:
Fifth year of service 2% of base pay
Tenth year of service 4% of base pay
Fifteenth year of service 6% of base pay
Twentieth year and beyond 8% of base pay
Longevity shall be added to each employee’s base salary and paid as part of their regular payroll.
SECTION 2. TERMINAL LEAVE: All full-time employees covered by this Agreement and who have been employed by the Borough for a minimum of twenty (20) years shall receive upon retirement, in addition to any and all other benefits due, a sum of money equivalent to one-fourth (1/4) or 25% of the employee’s salary as set forth in Appendix A-1, A-2 or A-3 at the time of said retirement. Any full-time employee covered by this Agreement who has been employed by the Borough for a minimum of twenty (20) years shall receive upon death, the sum of money equivalent to one-fourth (1/4) or 25% of the employee’s annual salary as set forth in Appendix A-1, A-2 or A-3 at the time of death. Payment is conditioned upon death occurring during the time such employee is actively employed by the Borough.
ARTICLE XXIV
REPRESENTATION DEDUCTIONS
Effective with the first full month following execution of this Agreement, the employer agrees to make payroll deductions on behalf of the Association at the rate of $15.00 per month for each Association member and $12.75 per month for each non-member employee covered by this Agreement. Any new employee’s pay shall be subject to such deduction upon commencement of employment. The Association shall provide the employer with a list certifying the membership or non-membership of each employee and the Employer shall be responsible only for compliance with such list. Any errors or disputes regarding such list shall be solely the responsibility of the employees and/or the Association. The monies so deducted shall be paid over to the Association monthly.
ARTICLE XXV
COMPLETENESS OF AGREEMENT This Agreement constitutes the entire Collective Negotiating Agreement between the parties and contains all benefits to which employees covered by this Agreement are entitled, notwithstanding the established past practices in existence prior to this contract and includes and settles for the term of this Agreement all matters which were, or might have been raised in collective negotiations leading to the signing of this Agreement.
This Agreement shall be in full force and effect from January 1, 2006 through and including the 31st of December, 2008. This Agreement shall remain in full force and effect during collective negotiations between both parties beyond the date of expiration set forth herein until the parties have mutually agreed on a new Agreement and signed same.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this day of .
BOROUGH OF AVON-BY-THE-SEA AVON POLICE ASSOCIATION
_______________________________ ___________________________
Daniel J. Gibney, Mayor President
Director of Public Safety
_______________________________ ___________________________
Robert Mahon, Commissioner
_______________________________ ____________________________
James L. Kropke, Commissioner
Attest:
_______________________________
Timothy M. Gallagher, RMC
Borough Administrator/Clerk
Signed, Sealed and Delivered in
The presence of:
___________________________
Borough Seal
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