Contract Between
Hamilton Tp Fire Dist 8-Mercer
- and -
FMBA Loc 84
* * *
01/01/2006 thru 12/31/2009


Contract Text Below
19 of 1

FOR THE YEARS 2006,2007,2008 AND 2009


AGREEMENT made this 12' day of December 2005 by, and between the Board of Fire Commissioners, Hamilton Township Fire District #8, hereinafter referred to as the "Commissioners" and the Firemen's Mutual Benevolent Association (Local #84), hereinafter referred to as "FMBA",

Article I. Purpose
It is the purpose of this agreement to define the terms and conditions of employment for members of the bargaining unit.

Article II. Recognition
Section 1. The commissioners recognize the FMBA Local #84 as the exclusive collective bargaining representative for all paid fire prevention and suppression employees of the Commissioners of Fire District #8, Hamilton Township.

Section 2. Excluded are:
    Managerial Executives
    Volunteer firefighters not paid employees of the district
    Police and Craft Employees
    Non-Firefighting Employees

Article III. Duration of Agreement
The Commissioners and the FMBA agree that the duration of this Agreement shall be a period of four (4) years commencing January 1,2006 and ending December 31,2009. This agreement shall remain in full force and effect during collective negotiations between the parties beyond the date of expiration (December 31, 2009) set forth herein until parties have agreed mutually upon a new Agreement.

Article IV. Discrimination
The Commissioners and the FMBA both recognize that there shall be no unlawful discrimination by reason of sex, age, handicap, creed, race, origin and residency as far as employment and promotions are concerned or as far as any application for or conditions of employment. The Commissioners further agree that they will not interfere with nor discriminate against any employee because of membership in, or legitimate activity on behalf of the FMBA Local #84, or do anything to interfere with the exclusive representative of the Employees in the appropriate bargaining unit.

Article V. Sick Time and Disability Provisions
Section 1. Employees will receive the following sick time. Sick time is cumulative from year to year. For rotating shifts 12 hour per day times 15 days equals 180 hours per year; for steady day shifts 8 hours per day times 15 days equals 120 hours per year. For the first year of employment should be one (1) day per month up to twelve (12) days. If a individual is hired between the first and the eighth day of the month he/she will be entitled to 1 day sick and if the individual is hired between the ninth and the twenty-third day of the month he/she will be entitled to one half day sick. Option to sell back at time of retirement 50% of accumulated sick time up to a maximum of $12,500.00.

Section 2. The heirs, assigns or designees of an employee within the Fire District whose employment is terminated by death and while in good standing shall receive the payment as set forth in Section 1.

Section 3. An employee may take sick time for any of the following reasons: a. Personal illness or personal incapacity to such and extent as to render the employee unable to perform his/her duties adequately. b. Attendance to members of the immediate family whose illness requires the care of said employee for up to 5 days.

Section 4. Employees are subject to disciplinary action by the Commissioners for the willful, malicious and negligent use of sick leave by the employee.

Section 5. Any employee of the district who reports for duty and subsequently reports off duty due to illness within four (4) hours from shift start will be charged against sick time only those hours actually not worked.

Section 6. Service connected disabilities shall be treated in the following manner:

a. Employees who are injured while in the performance of duty, sustain an illness directly related to the fire occupation or suffer work connected injury or disability shall be granted leave of absence for a period of one year. Said sick leave will not be chargeable under sick time regulations. The employee will be entitled to 12 months of full pay provided a physician has substantiated the injury or illness. Any amount of salary or wages paid or payable to such an employee for disability leave shall be reduce by the amount of worker's compensation paid under the New Jersey Worker's Compensation Act for Temporary Disability. Said leave shall be limited to a maximum of one (1) year from the date of injury or illness.
b. The employee shall be required to present evidence by certificate of an authorized physician that he/she is unable to work and the Commissioners may reasonably require the said employee to present such certificates from time to time.

c. In the event a conflict arises with respect to a definition of a major illness or injury between parties, a meeting will be convened between the Commissioners and the FMBA for the purpose of arriving at final determination.

d. In the event the employee contends that he/she is entitled to a period of disability beyond the period established by the treating physician or a physician employed by the Commissioners or its insurance carrier, then in that event, the burden shall be upon the employee to establish such additional period of disability by obtaining a judgment in the Division of Worker's Compensation, or by final decision of the last reviewing court shall be binding upon the parties.

e. For the purpose of this Article, injury or illness incurred while the employee is attending a training program sanctioned by the Commissioners shall be considered in the line of duty.

f, In the event of a dispute as to whether an absence shall be computed or designated as sick leave or as an injnry on duty, the parties agree to be bound by the decision of an appropriate Worker's Compensation judgment, or, if there is an appeal there from, the final-decision of the last reviewing court.

g, An injury on duty requiring time off for treatment, recuperation or rehabilitation shall not be construed as chargeable under sick time regulations.

h. Employee returning from authorized leave of absence, as set forth above, will be restored to their original job classification and shift at the appropriate rate of pay with no loss of seniority or other employee rights, privileges or benefits, subject to the employee's ability to perform all duties and functions required by the position. The Commissioners may require said employee to undergo a medical examination by a physician employed by the Commissioners prior to the employees return to work as set forth above.

Article VI. Bereavement
Any employee suffering bereavement by reason of death in his/her immediate family, including spouse, children, parents, grandparents, grandchildren, brothers, sisters and parent-in-law shall receive up to three (3) days from the day of death to the day after the funeral for the purpose of attending the funeral or arranging personal affairs. In special situations where the request is reasonable, the Commissioners may extend such time up to five (5) days.

Article VII. Hours of Work and Overtime
Section 1. The workweek for rotating shift employees shall consist of an average of forty-two (42) hours per week over an eight (8) week cycle as set by the Commissioners: a. Rotating shifts consisting of Twenty-four (24) hour shifts with seventy-two (72) hours off.

Section 2. The workweek for Firefighter/Fire Inspector shall consist of five (5) eight (8) hour day shifts Monday through Friday from (9 a.m. - 5 p.m.) for a forty (40) hour workweek.

Section 2a. The workweek for Firefighter shall consist of five (5) eight and a half (8.5) hour day shifts. The Board of Fire Commissioners shall set fourth hours and days.

Section 3. Work Schedule: Work schedules showing the employee's shift, workdays and hours, shall be posted at all times in the station. Except in emergency situations, one (1) week notice will be given for the purpose of shift changes. Emergency is hereby defined as any situation, which jeopardizes the public health, benefit, safety and welfare, as defined by New Jersey State Law~ Hamilton Township Ordinance, or at the discretion of the Commissioners.

Section 4. Overtime:
    Employees shall be compensated for overtime on an hourly rate based on a forty-two (42) hour week (beginning at 12:01 a.m. Monday and ending 12 midnight Sunday). Except for the Firefighter/Fire Inspector who will be based on a forty (40) hour week.
    An employee who is recalled to work overtime for any reason shall receive a minimum of three (3) hours pay.
    If said employee is performing the responsibilities of another position or title, said employees salary should reflect that position or title salary for all time worked.
    Employees covered under this agreement shall be offered the right of first refusal with regard to any overtime situation created through the use of any short term (less than one work week) leave under this Agreement, provided that no one will recalled to work a double shift except in emergencies.
    Overtime pay will be equal to time and one half the normal pay rate.
    f. Employees can be held over for duty or called back when a fire incident or emergency situation arises at the discretion of the board representative.

Article VIII. Uniforms
Section 1. The Commissioners shall supply the following workstation uniforms to each firefighter / driver upon initial hiring:
    Two (2) winter shirts and two (2) summer shirts;
    Four pair of pants;
    One (1) coat with liner;
Section 1a. The Commissioners shall supply the following workstation uniforms to each daytime employee upon initial hiring:
    Five (5) shirts;
    Five (5) pair of pants;
    One (1) coat with liner;
The Commissioners further agree to pay $900.00 annually to each employee as an allowance for maintenance, repair and replacement due to normal wear and tear of uniform in October.

Section 2. If at any time the Commissioners make any uniform change, the initial cost of requiring each employee to change uniforms shall be borne by the Commissioners.

Section 3. Any employee who has had his/her uniform damaged in the line of duty shall have that portion or all of the uniform completely replaced and the cost shall be borne by the Commissioners on a prorated basis by the uniform company.

Section 4. Employees will be given the option between May 1 and October 1 to wear blue shorts, blue golf shirts black socks and black sneakers. If going out on Fire Prevention duties all employees shall wear long pants. All uniforms to be worn only during work hours and during travel time to same. (Cost of summer uniforms not to affect board cost, to be borne by employees).

Article IX. Health Benefits and Hospitalization
Section 1. The Commissioners shall provide to all employees and their families hospitalization and sickness insurance under the State Health Benefits Plan.

Increase costs of option plans (like HMO), which are selected by the employee, shall be borne by the employee, if any.
Section 2. Combination optical and prescription coverage annual amount of $950.00 in 2006,2007,2008 and 2009 and all optical and prescription bills must be submitted two (2) weeks prior to the scheduled Commissioners meeting for payment. Employees will be enrolled in the Aetna PPO Dental Plan.

Section 3. Upon twenty (20) years of service with the Fire District, the Commissioners will provide full health benefits for the employee and their spouse upon retirement until the age that Medicare coverage applies. Board provided coverage will remain as a secondary coverage in conjunction with Medicare.

Article X. Pensions
The Commissioners will provide pension and retirement benefits and contribute as heretofore to all employees covered by this agreement under the Police and Fire Retirement System pursuant to the provisions of the Statutes and Laws of the State of New Jersey.

Article XI. Vacation and Personal Days
Section 1. Yearly vacation for Firefighter/Driver on rotating shifts will be as follows:
    After 1 year to 3 years 72 hours
    After 3 years to 9 years 144 hours
    After 9 years to 15 years 204 hours
    After 15 years 288 hours

Section 2. Yearly vacation for Firefighter/Fire Inspector on rotating shifts will be as follows:
    After 1 year to 3 years 8 days
    After 3 years to 9 years 15 days
    After 9 years to 15 years 23 years
    After 15 years 30 days

Vacation choices with respect to available dates shall be on the basis of seniority.

The employee shall provide at least seven (7) days notice in advance for each work week or part thereof to be as vacation. If using one (1) day, no prior notification is needed if a replacement is found. Employees may carry up to one (1) year worth of entitled vacation days. The employee shall be reimbursed in full for any unused vacation days in excess of what is carried over.

Section 3. Each daytime employee shall be entitled to three (3) personal days in each year, each firefighter / driver shall be entitled to thirty-six (36) personal hours in each year to be used for any reason what so ever. The employee shall provide the Commissioner in charge of personnel with at least three (3) days notice for each personal day to be taken. In the first calendar year of employment a new employee shall accrue no personal days.

Section 4. Non-Cumulative: All yearly personal days must be completed prior to December 31" of each year and at years end each employee shall be reimbursed in full for unused personal days. Unused vacation and personal days will be considered at twelve (12) hours for pay purposes for Firefighter/Driver on rotating shift and at eight (8) hours for Firefighter/Fire Inspector.

Section 5. Injured Personnel: Any employee injured in the line of duty preceding his/her vacation shall not be penalized and the vacation shall be re-schedu1ed for a period, which is mutually agreeable between employee and Commissioners.

Article XII. Holidays
Section 1. The Commissioners agree to compensate each rotating shift in addition to the regular salary and as additional compensation. Such compensation is equal to twelve (12) hours pay at the employee's hourly pay. This payment is to be made in December. Employees hired during the year shall receive a pro-rated share of this holiday pay.

Section 2. Steady day shift employees will receive the day off in lieu of additional pay as set forth in Section 1 above for the following holidays:
1. New Year's Day 6. Independence Day
2. Martin Luther King Day 7. Labor Day
3. President's Day 8. Thanksgiving Day
4. Good Friday 9. Day after Thanksgiving
5. Memorial Day 10. Christmas Day

Steady day shift employees have the choice to work the holidays and receive compensation.

Section 3. When a holiday falls on a Saturday, it will be celebrated on the preceding Friday. When a holiday falls on a Sunday, it will be celebrated on the following Monday.

Article XIII. Leave without Pay
The Commissioners, upon request of an employee and after reasonable written notice, may grant a six (6) month leave of absence without pay to said employee. Said leave may only be granted by the Commissioners when the Commissioners received a written request signed by the employee and endorsed by his immediate supervisor. The Commissioners may extend such leave for an additional six (6) months. If, However, the said employee overstays such leave, his employment with the Fire District shall be deemed to have terminated. Seniority of the employee shall continue to accumulate during such leave.

Article XIV. Salaries
Section 1. The employees within Fire District #8 shall be paid in accordance with the following salary schedule:
Salary Range
The starting salary for employees will be as follows:
Year Salary
2006 $32,000.00
2007 $33,500.00
2008 $35,000.00
2009 $36,500.00

New Employees will reach maximum salary in 42 months after the date of hire.
Year Salary
2006 $46,685.00
2007 $49,486.00
2008 $52,455.00
2009 $55,602.00

Year Salary
2006 $48,280.00
2007 $51,176.00
2008 $54,246.00
2009 $57,500.00

Year Salary Fire Marshal
2006 $51,212.00 + $5,000.00
2007 $54,284.00 + $5,300.00
2008 $57,541.00 + $5,618.00
2009 $60,993.00 + $5,955.00

Section 2. Longevity Pay
In addition to the employees base pay, a longevity stipend of 3% (percent) will be paid at the start of the sixth (6) year of employment, 6% (percent) at the start of the tenth (10) year and 9% (percent) at the start of the fifteenth (15) year to be included in the salary.

Section 3. The above salaries are intended to cover base salaries only and are not to limit longevity stipends, overtime pay, etc. with respect to those employees who are entitled to same, if any.

Section 4. The Commissioners will provide direct deposit options for any employee that requests it.

Section 5. The Commissioners will provide deferred compensation options for any employee that requests it.

Article XV. Grievance Procedure
A grievance is defined as any dispute, controversy or issue involving the interpretation, application or violation, (alleged or otherwise), of any provision of this agreement or regarding employment or the application of any rules, regulations, ordinance or statute which actually affects working conditions. A grievant is defined as an individual or entity, which has been, is being or may be affected by any issue or controversy or dispute or application as indicated in the definition of grievance. Where disciplinary proceedings have been instituted, the grievance procedure shall not be available during pendency of such disciplinary proceedings for issues arising out of the subject matter of the charges. Any issues finally determined or resolved during or in the course of a disciplinary proceeding shall be considered a final disposition as to those issues for the purpose of any subsequent grievance. All benefits and conditions of employment under this agreement shall be available to the subject employee during pendency of any disciplinary proceedings.

Grievances, disputes or controversies, which may arise, shall be resolved in the following manner:
Section 1. A written grievance shall meet the following specifications:
    It shall be specific.
    It shall contain a synopsis of the facts giving rise to the dispute, controversy or issue.
    It shall specify the section of the Agreement, Rule, Regulation or Statute, which, was allegedly violated, misapplied or as to which the dispute arises.
    It shall state the relief requested.
    It shall contain the date of the alleged dispute, controversy or issue.
    It shall be signed by the grievant.

Section 2. Times as indicated exclude Saturday, Sunday and legal holidays, except where calendar days are indicated.

Section 3. Step Procedures
Step One: Within twenty (20) calendar days after he/she knew or should have known of its existence, the aggrieved employee's grievance shall be discussed verbally and if resolved, no further action shall be taken. If not resolved on an informal discussion basis within three (3) working days, the grievance shall be reduced to writing within seven (7) calendar days, signed by the aggrieved and submitted to the Commissioner in charge of personnel. In no event shall a grievance be initiated more than thirty (30) calendar days after the grievant first knew or should have known of its existence. The Commissioner in charge of personnel shall investigate the grievance and provide a written answer to grievant within seven (7) calendar days of the date of submission. The time limit in preparing a written grievance or written response may be waived by mutual agreement.

Step Two: In the event the grievance is not resolved at Step One, or if no written response is received by the grievant. then the grievance shall be submitted in writing, by the grievant. to the Board of Fire Commissioners ~ District #8. The Board of Fire Commissioners - District #8 shall submit their written answer, to grievant, within fourteen (14) calendar days of the date of submission. This time limit may be waived by mutual agreement.

Step Three: In the event the grievance shall not have been resolved at Step Two, then the grievant may seek relief at arbitration as herein specified.

In all respects the initiation of binding arbitration or Court process shall begin within forty-five (45) days after the receipt of a written resolution from the Commissioners.

Section 4. Arbitration
    Arbitration request shall be directed to the Public Employment Relations Commission subject to the rules then existing of such agency. The aggrieved party shall copy the other party. The request shall specify the particulars of the grievance and the Contract Provision(s) allegedly violated.
    The selection of the independent arbitrator shall be made pursuant to the rules then existing of the Public Employment Relations Commission.
    As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the subject matter of the dispute. The decision of the arbitrator will be served upon the employee(s) aggrieved, the Commissioners and the FMBA in writing. It shall be the obligation of the Arbitrator, to the Commissioners and to the FMBA, to make his best effort to rule on the case heard by him/her within twenty-on (21) calendar days after the hearing.
    Unless otherwise mutually agreed, the submission to the arbitrator shall be based on the original written grievance and issues submitted in the grievance procedure in Step One. The parties shall not construe this paragraph so as to limit the submission of proof.
    The decision of the arbitrator is final and binding upon both parties and the grievance shall be considered permanently resolved.
    Both parties shall share the expenses of the arbitrator equally. Each party shall make an agreement for the pay and the witnesses, which are called by it.

Article XVI. Maintenance of Benefits
Both the Commissioners and the FMBA agree that all benefits and conditions of employment presently in effect for employees be maintained except where modified pursuant to this agreement.

Article XVII. General Provisions
    Both the Commissioners and the FMBA acknowledge that this Agreement is a fair agreement and both parties agree that no modification or waiver of any of the terms of this agreement shall be valid unless in writing, signed and acknowledged by both parties. No waiver of any

breach herein of default hereunder shall be deemed a waiver of any subsequent breach or default of same or similar nature. Further, the waiver of any breach of conditions of this agreement by either party shall not constitute a precedent in the future enforcement of the terms and conditions thereof.

B. It is understood and agreed by and between the Commissioners and the FMBA that if any part of this agreement is in conflict with the applicable State or Federal Laws, that such part shall be suspended and the appropriate applicable provision shall prevail; the remainder of this agreement shall not be affected thereby.
    Notwithstanding any prior Article, all paragraphs of this article or provisions of this agreement may be changed or altered provided both parties mutually agree in writing.

Article XVIII. Post-Termination Employment
Any employee whose services are terminated, and who is in good standing, and is called to testify or assist in any proceeding, including but not limited to criminal and civil cases, administrative hearings, disciplinary hearings and so forth, that he/she investigated or was involved in prior to termination exclusive or overtime. Employees who are required to appear for such appearance shall also be compensated for reasonable traveling expenses.

Article XIX. Personnel Files
There shall be one Fire District #8 employee file, and the employee shall have the right to examine their file at a reasonable time. Employees shall further have the right to rebut any derogatory materials included in their files. No reasonable request to view a file shall be refused, except that an employee shall be limited to viewing his file during regular business hours. Furthermore, a log shall be maintained indicating when who has viewed a file, and whether any material has been removed or photocopied.

Article XX. Employee Representation
Section 1. The FMBA shall notify the Commissioners as to the names of stewards and accredited representatives. No more than one steward and an alternate are to be designated for each station.

Section 2. Representatives of the FMBA, who are not employees of Hamilton Township Fire District #8, will be permitted to visit the employees during work hours at their workstations for the purpose of discussing FMBA representation matters by notifying the Commissioner in charge of personnel provided that adequate notice is given and it does not interfere with normal operations.

Article XXI. Management Rights
There are no provisions in this agreement that shall be deemed to limit or curtail the Commissioners in any way in the exercise of their rights, powers of authority which the Commissioners had prior to the effective date of this agreement unless and only to the extent that the provisions of this agreement curtail or limit such rights, powers and authority. These rights, however, shall be exercised reasonably, in accordance with this agreement and for good cause.

Article XXII. FMBA Leave
The members of the FMBA Negotiation Committee and Grievance Committee are to be granted leave from duty with full pay and for all respective meeting between the Commissioners of Fire District #8 and the FMBA. Leave from duty with full pay for the Local President or Executive Delegates to attend all State and Regional Meetings when they take place at a time when such officer is scheduled to be on duty.

Article XXIII Dues Check-off
Section 1. The Commissioners agree to check-off FMBA dues and assessments unifonnly arrived at and pay over such money to the duly elected Treasurer of the FMBA. Employees will file authorization forms with the Commissioners, signed by each employee prior to such deduction.

Section 2. Pursuant to the Agency Shop Law, any new employee in the Bargaining Unit on the effective date of this agreement who does not join the association within thirty (30) days thereafter, any new employee who does not join the association within thirty (30) days of initial appointment within the unit and any employee previously employed within the unit who does not join within ten (10) days of re-entry into employment within the unit shall, as a condition of employment, pay a representation fee to the FMBA by automatic payroll deduction. The representation fee shall be in an amount equal to eighty-five (85%) of the regular association membership dues, fees and assessments as certified to the employer by the FMBA. The FMBA may revise its certification of the amount of the representation fee at any time to reflect changes in the regular FMBA membership dues, fees and assessments. The FMBA's entitlement to the representation fee shall continue beyond the termination date of this agreement so long as the FMBA remains the majority representative of the employees in the unit, provided that no modification is made in this provision by successor agreement between the FMBA and the Commissioners.

Article XXIV. Training and Education
It is understood and agreed by the Commissioners, that when prior approval of the Commissioners is given at the sole discretion of the Commissioners, time off shall be provided to employees who wish to attend Fire Training Schools, course and/or seminars. Upon successful completion of courses the Commissioners shall reimburse said employees that amount of tuition, fees and books of said paid course. All courses mandated by Federal and State regulations are to be given to the employees at the Commissioners expense regardless of affiliation (LE. Right-To-Know, Blood borne Pathogens, etc.).

Article XXV. Discipline Procedures
Except as otherwise provided by law, No employee shall be removed from his/her office, employment or position for political reasons or for any cause other than incapacity, misconduct, or disobedience of roles and regulations established by the Commissioners for the benefit of the Fire District, nor shall such employee be suspended, removed, fined or reduced in rank from or in office, employment or position therein except for just cause as herein above provided and then only upon written complaint, setting forth the charge or charges against the employee. Said complaint shall be filed with the Secretary of the Board of Fire Commissioners, and a copy thereof shall be served upon the employee so charged, with notice of a hearing thereon designating its time and place, which shall be no less than ten (10) nor more than thirty (30) days from the date of service of the complaint. A failure to substantially comply with said provisions as to the service of the complaint shall require a dismissal of the complaint.

Article XXVI. Military Leave
Any employee who is ordered to active military service will be entitled to all pay and benefits and preservation of seniority as is required by then applicable State or Federal Statues.

Article XXVII. Miscellaneous Provisions
Section 1. In the event of retirement or death, the employee or his/her estate shall receive vacation and holiday pay accumulated as of that date. The employee's vacation pay shall be in the same amount had he worked his standard schedule as presently computed.

Section 2. The Commissioners shall maintain Worker's Compensation Insurance for employees pursuant to NJ.S.A. 34: 15-1 et. seq.

Section 3. Each employee shall initially serve a four (4) month probationary period. The Commissioners may extend said period to a maximum of one (1) year.

IN WlTNESS WHEREOF, the Commissioners and the FMBA have caused these presents to be signed by their duly authorized representatives, and the Seal of the Board of Fire Commissioners Hamilton Township Fire District #8 herein to affixed.

DATE: __________________







I declare to the best of my knowledge and belief that the attached document(s) are true electronic copies of the executed collective negotiations agreement(s).

George F. Lenhardt, Chairman
Board of Fire Commissioners
Hamilton Township Fire District #8

Hamilton Tp Fire Dist 8 and FMBA Loc 84 2006.pdf