Contract Between
Somers Point-Atlantic
- and -
IBT Loc 115
* * *
01/01/2004 thru 12/31/2007


CategoryMunicipal
UnitBlue Collar, White Collar

Contract Text Below
1




TABLE OF CONTENTS

ARTICLE SUBJECT PAGE NO.

I Parties, Purpose, Considerations .................... 1
II Union Recognition ................................................1
III NO DISCRIMINATION ................................................1
IV MAINTENANCE OF STANDARDS ............................... 1
V MAINTENANCE OF MEMBERSHIP/AGENCY SHOP ... 2
VI CHECKOFF ...................................................................... 2
VII INSPECTION PRIVILEGE ................................................ 3
VIII STEWARDS ........................................................................ 3
IX PROTECTION OF RIGHTS .............................................. 4
X SUPERVISORS AND FOREMAN .................................... 4
XI HIRING EMPLOYEES ...................................................... 4
XII LAYOFF NOTICE ............................................................. 4
XIII GUARANTEED WORK DAY .......................................... 5
XIV DISCIPLINE ...................................................................... 5
XV GRIEVANCE PROCEDURE ........................................... 6
XVI SENIORITY ....................................................................... 8
XVII PREMIUM RATES ........................................................... 9
XVIII TRANSFER RATES .......................................................... 10
XIX EQUAL PAY ...................................................................... 10
XX HOLIDAYS ....................................................................... 10
XXI QUALIFICATIONS FOR HOLIDAYS ........................... 11
XXII VACATIONS .................................................................... 11
XXIII WELFARE & PENSION BENEFITS ............................... 13
XXIV SICK LEAVE ..................................................................... 14
XXV REST PERIODS ............................................................... 14
XXVI FUNERAL LEAVE ........................................................... 14
XXVII JURY DUTY ..................................................................... 14
XXVIII SEPERABILITY AND SAVINGS CLAUSE ................... 15
XXIX GENERAL CLAUSES ...................................................... 15
XXX DURATION ...................................................................... 17
XXXI MANAGEMENT RIGHTS ............................................... 18
XXXII SALARIES ........................................................................ 19
XXXIII LONGEVITY ..................................................................... 20
EXECUTION OF AGREEMENT ............................................................... 20
APPENDIX A, REPORT OF GREIVANCE ............................................. 21




COLLECTIVE BARGAINING AGREEMENT


ARTICLE I: PARTIES, PURPOSE, CONSIDERATION

THIS AGREEMENT is entered into as of the 1st of January, 2004, between the City of Somers Point (hereinafter referred to as the “EMPLOYER”) and the TEAMSTERS UNION LOCAL NO. 115 of Philadelphia, Pennsylvania, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereinafter referred to as the “UNION”).

WHEREAS, the parties hereto desire to establish the standards and hours of labor, rates of pay, and other conditions under which the employees classified herein shall work for the Employer during the life of this agreement and thereby promote a relationship between the parties hereto providing for more harmonious cooperation and mutual benefits.


NOW, THEREFORE, in consideration of the performance in good faith by both parties, individually and collectively, of the terms and conditions of this Agreement, and intending to be legally bound thereby, the parties agree to and with each other as follows:


ARTICLE II: UNION RECOGNITION

The Employer recognizes the Union as the sole and exclusive collective bargaining representative for the employees whose classifications are set forth herein, employed by the Employer, within the geographical jurisdiction of the Union.


ARTICLE III: NO DISCRIMINATION

The Employer agrees not to discharge or discriminate in any way against any employees for Union activities or Union membership.


ARTICLE IV: MAINTENANCE OF STANDARDS

(1) The Employer agrees that all conditions of employment relating to wages, hours of work, fringe benefits, and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, or its effective date, whichever is earlier, and the conditions of employment shall be changed wherever specific provision for change are made elsewhere in the Agreement.

(2) The Employer agrees not to enter into any other agreement or contract, written or oral, with its employees, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.


ARTICLE V: MAINTENANCE OF MEMBERSHIP/ AGENCY SHOP

(1) All employees of the Employer who are members of the Union on the date of this Agreement is executed shall maintain their membership in good standing for the duration of this Agreement. All employees of the Employer who join the Union subsequent to the execution date of this Agreement shall thereafter maintain their membership in good standing. Maintenance of membership by employees who are or become members of the Union shall be a condition of continued employment by the City for the duration of this Agreement. It is provided that such employees may resign from the Union during a period of fifteen (15) days prior to the expiration of this Agreement.

(2) Each employee covered by this Agreement who fails, voluntarily, to acquire or maintain membership in the Union shall be required, as a condition of employment beginning the thirtieth (30th) day, to pay the Union a service charge as a contribution toward the administration of this Agreement and the representation of such employees. The service charge for services rendered by the Union shall be an amount equal to eighty-five percent (85%) of the regular membership dues and initiation fees.


ARTICLE VI: CHECKOFF

Dues and Initiation Fee:

It is understood and agreed between the Employer and the Union that the Employer will deduct any back unpaid Union dues and Initiation fee owed the Union (provided such indebtedness for dues or initiation fees was incurred during employment with the Employer) as well as current monthly dues and initiation fees, from the paycheck of all employees who have signed proper legal authorization for such deductions and who are covered by the agreement, on the last pay day of the month preceding the current month for which current union dues and initiation fees are due the Union. The Employer further agrees to remit to the Secretary- Treasurer of the Union, immediately after the checkoff payday, all Union dues and Initiation fees so deducted from the paychecks of employees covered by this Agreement.

ARTICLE VII: INSPECTION PRIVILEGE

(1) It is agreed that Union duties and activities will not be carried on during hours of work, except as provided for in this agreement. Union officials shall have the right to enter the premises to satisfy themselves that this agreement is being observed, after first notifying the Employer at its office.

(2) The Union, business Agent or their representatives shall have the right to examine time sheets and other records pertaining to the computation of compensation or fringe benefits of any individual whose pay is in dispute.


ARTICLE VIII: STEWARDS

The Employer recognizes the right of the Union to designate Shop Stewards and alternates in accordance with present practice. It is the responsibility of the Union to notify the Employer of the identity of the Steward and any alternates.

(1) The authority of Shop Stewards and alternates so designated by the Union shall be limited to, and shall not exceed, the following duties and activities:
    (A) The investigation and presentation of grievances in accordance with the provisions of the collective bargaining agreement;
      (B) The collection of dues when authorized by appropriate Union actions;

      (C) The transmission of such messages and information, which shall originate with, and are authorized by the Union or its officers, provided such messages and information.
      1- Have been reduced to writing, or
      2- If not reduced to writing, are of a routine nature and do not involve work stoppages, slow down, refusal to handle goods, or any other interference with Employer’s business.

      (2) Shop Stewards and alternates have no authority to take strike action, or any other action interrupting the Employer’s business, except as authorized by official action of the Union, and notified in writing to the Employer.

      (3) The Employer recognizes these limitations upon the authority of Shop Stewards and their alternates, and shall not hold the Union liable for any unauthorized acts. The Employer in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event the Shop Steward has taken unauthorized strike action, slow down or work stoppage in violation of the agreement.

      (4) The Steward shall be permitted to investigate, present and process grievances on the property of the Employer, or off the property with prior notification to the Employer, without loss of time or pay, subject to scheduling by the City, which will not be unreasonably delayed. Only one (1) Steward or appropriately appointed alternate shall process any particular grievance. Such time spent in handling grievances shall be considered working hours in computing daily and/or weekly overtime.

        ARTICLE IX: PROTECTION OF RIGHTS

        Picket Lines:

        It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action in the event an employee refuses to enter upon any property involved in a primary labor dispute, or refuses to go through any primary picket line, including the primary picket line of Unions party to this Agreement, except in emergency situations affecting the health and safety of the City or its residents.


        ARTICLE X: SUPERVISORS AND FOREMAN

        No Superintendent or other non-union personnel shall perform the duties done ordinarily by employees in the bargaining unit except for purposes of instruction and/or bona fide emergencies.



        ARTICLE XI: HIRING EMPLOYEES

        (1) Subject to existing law, and Civil Service guidelines, if applicable, all hiring will be done in accordance with the City’s established procedures.
        (2) The Employer’s payroll office shall furnish the Union a written list of all new employees employed during the previous month, as well as any employees retained during the said month after the probationary period.

        ARTICLE XII: LAYOFF NOTICE

        The Employer will give all regular employees with two (2) years of service or more, five (5) days notice of layoff for lack of work or pay in lieu thereof, and three (3) working days notice of layoff for lack of work or pay in lieu thereof to all other regular employees. These provisions shall not apply when a layoff is caused by reasons beyond the control of the Employer.


        ARTICLE XIII: GUARANTEED WORK DAY

        (1) Blue Collar: Employees who have seniority of two (2) years or more and who report on the first scheduled work day of the week shall be guaranteed thirty-seven and one-half (371/2) hours of work each week. All employees who report for work on any scheduled work day at the hour designated shall be guaranteed seven and one-half (71/2) hours work for the day

            The regular workweek shall consist of thirty-seven and one-half (371/2) hours per week, seven and one-half (71/2) hours per day, excluding lunch periods, five (5) days per week, Monday through Friday inclusive.

        (2) White Collar: Employees who have seniority of two (2) years or more and who report on the first scheduled work day of the week shall be guaranteed thirty-five (35) hours of work each week. All employees who report for work on any scheduled workday at the hour designated shall be guaranteed seven (7) hours work for the day. Planning/Zoning Secretary and Deputy Court Administrator will continue their present practice.

            The regular workweek shall consist of thirty-five (35) hours per week, seven (7) hours per day, excluding lunch periods, five (5) days per week, Monday through Friday inclusive.


        ARTICLE XIV: DISCIPLINE

        (1) The Employer shall not discharge nor suspend any employee until the Business Agent has been notified of the case, except where the provisions of this Article provide for immediate discharge. Notification may be made by telefax or other electronic transmission. A representative of the Union must be in personal contact with the Employer within twenty-four (24) hours after notice to the Union of the discharge or suspension, delivered during working hours from Monday to Friday inclusive. If there is no response by the Union representative within the twenty-four (24) hour period, the Employer may take appropriate action, subject to appeal through the grievance procedure.
            Before major discipline is imposed, the Employer must have given at least one (1) written warning notice of the complaint against such employee to the employee and a copy of the complaint to the Union. No warning notice need be given to an employee before he is discharged or suspended if the cause of such discharge is:

            (A) Calling an unauthorized strike or walkout.

                (B) Drunkenness, drinking during working hours (including lunchtime) or being under the influence of liquor or drugs during working hours (including lunchtime).
                (C) Proven theft or dishonesty.
                (D) Unprovoked assault on anyone during working hours.
            The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from the date of said warning notice. Discharge must be for just cause after written notice to the employee and the Union. Any employee may request that the Union investigate his/her discharge, suspension, or warning notice. Should such investigation reveal that an injustice has been done an employee, as agreed between the City and the Union, then the employee shall be reinstated as provided in this agreement, or the warning notice withdrawn.
        (2) Upon discharge, the Employer shall pay all money due to the employee at that time. Upon quitting, the Employer shall pay all money due to the employee on the payday of Employer following quitting.

            If an employee is discharged or suspended as provided for in this Article, pending final disposition of said discharge or suspension, the Employer shall continue to make the required contribution for Health and Welfare Benefits.

            Uniform Rules and Regulations with respect to disciplinary action or City procedures may be drafted by the Employer provided they do not conflict with any provision of this Agreement and are first discussed with the Union.


        ARTICLE XV: GRIEVANCE PROCEDURE


        (1) Definition:
                A grievance shall be defined as a complaint by an employee covered by this Agreement as to working conditions, terms and conditions of employment, and/or any personal loss or injury because of a violation to this Agreement between the parties. A grievance, to be considered under this procedure, must be initiated within ten (10) calendar days from the time of its occurrence, or the knowledge of its occurrence.

        (2) Procedure
                Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. It is understood that employees shall, during and notwithstanding the pendence of any grievance, continue to observe all assignments and applicable rules and regulations of their department until such grievance, and any effect thereof shall have been fully determined.

        Where evidence of hardship would result from compliance with the time regulations set forth in the following levels, a written request for an extension of time at any one of the levels in the Grievance Procedure shall be recognized. The period of extension of time shall be limited to fifteen (15) calendar days.

        Step 1:

        The Union Steward shall raise the grievance with the greivant’s immediate supervisor or Department Head, in an attempt to resolve the matter informally. If, as the result of that discussion, the matter is not resolved to the satisfaction of the grievant within five (5) calendar days, the grievant shall set forth the grievance in writing to the City Administrator, or his/her designee, on the form agreed to by the parties, attached hereto as Appendix A, “Report of Grievance”. The Union Steward shall present the grievance to the City Administrator, or his/her designee, and a meeting shall be scheduled where both parties will endeavor to resolve such grievance. The City Administrator, or his/her designee, shall communicate his /her decision in writing to the Union Steward within five (5) calendar days of receipt of the written grievance.

                Step 2:
                The Union Business Agent, no later than five (5) calendar days after receipt of the decision of the City Administrator, or his/her designee, may take the matter up with the City Administrator, or his/her designee, in an attempt to settle the grievance.

                The Union Business Agent and the City Administrator, or his/her designee, shall attempt to resolve the matter as quickly as possible, but within a period not to exceed ten (10) calendar days. The City Administrator, or his/her designee, shall communicate his/her decision in writing to the Union Business Agent.

                Step 3 (Arbitration):

        No claim by an employee shall constitute a grievable matter beyond Step 2 or be processed beyond Step 2 if it pertains to any matter for which a method of review is prescribed by law, or any rule or regulation beyond the scope of the City’s authority or limited to action of the City alone.

        If the Business Agent of the Union and the City do not reach an agreement or adjustment satisfactory to the Union, the Union may, in its discretion, submit the matter to an arbitrator to be selected pursuant to the procedures of the American Arbitration Association. The decision of the arbitrator shall be final and binding upon the parties.

        Each party shall bear the total cost incurred by them. The fees and expenses of the arbitrator are the only costs which shall be shared by the parties, and such costs shall be shared equally. Where grievance procedures are mutually scheduled by the parties during working time, persons proper to the present shall suffer no loss in pay.



        ARTICLE XVI: SENIORITY

        (1) In all cases of any decrease or increase of the working force and for promotion, the main factor to be considered will be the length of continuous service with the Employer. In each instance, the determining factors shall be the ability and necessary qualifications to perform the particular job.

        (2) It is understood that seniority shall be unitwide, white collar and blue collar within each unit.

        (3) The list of employees rated according to seniority is attached hereto and made a part of this Agreement. The Employer will supply the Union, and the Shop Steward with a list of all additions or deductions from the seniority list. The Employer shall keep posted in a conspicuous place, a list of employees showing the seniority date of each. The seniority list shall be prepared from information on file in the personnel department.

        (4) Probationers shall obtain seniority after ninety (90) days of employment. In cases of layoffs, the Employer shall lay off probationers before putting into effect the seniority policy, as stated above. Probationers, after having fulfilled ninety (90) days’ continuous service, shall date their seniority from the date they were first employed.

        (5) When it becomes necessary to lay off employees, the Employer will notify the Shop Steward and the Union of the names of the employees to be laid off, at least two (2) working days in advance of notification to the employee. The Shop Steward shall use this information only for the purpose of checking the seniority list and of consulting with management when there appears to be reason to disagree with the selection of employees to be laid off.

        (6) All Shop Stewards shall have top ranking seniority (during the term of their office), irrespective of actual length of service, for layoff and recall only, if allowable by Civil Service.

        (7) There shall be no preference of jobs to employees in the same job classification at any time, except when hours of work are involved in accordance with this Agreement.

        (8) Seniority shall terminate:
        (A) When an employee is discharged.
        (B) When an employee voluntarily quits his employment.
        (C) At the end of forty-eight (48) months after an employee is laid off for lack of work.
        (D) Any employee laid off for lack of work, who, within fourteen (14) days does not report for work to his own department after being notified in writing, mailed to his last know place of address, will be considered as having terminated his employment.
        (E) When an employee does not return to work on or before the expiration date of his or her authorized leave of absence.
        (F) Any employee laid off for lack of work, who does not reply to a written notice to report for work received on a working day within twenty-four (24) hours, will be passed for that job and the next senior employee will then be called. The original employee, however, will not lose his place on the seniority list and will be called for the next job open.


        ARTICLE XVII: PREMIUM RATES

        (1) The workweek shall consist of five (5) days of seven and one-half (7 ) hours Blue Collar, and seven (7) hours White Collar each, Monday through Friday. No work shall be performed during the lunch period. Planning/ Zoning Secretary and Deputy Court Administrator will continue their present practice.

        (2) For all hours worked on Sunday, an employee shall be paid at the rate of two (2) times the rate for the job. Should Sunday be the employee’s regularly scheduled work day, the double time rate shall apply to the employee’s seventh consecutive day of work.


        (3) For all hours worked on Holidays, an employee shall be paid at the rate of two (2) times the rate for the job in addition to Holiday pay.

        (4) For all hours worked in excess of seven and one-half (7 ) hours Blue Collar, seven (7) hours White Collar in a day, an employee shall be paid at one and one-half (1 ) times the rate for the job. For all hours worked in excess of twelve (12) hours in a day, an employee shall be paid at two (2) time the rate for the job. For all hours worked in excess of thirty-five (35) hours per week, White Collar, or thirty-seven and one-half (37 ) hours per week, Blue Collar, and for all hours worked in excess of thirty (30) hours Blue collar per week or twenty-eight (28) hours White Collar per week when a Holiday occurs, an employee shall be paid at one and one-half (1 ) times the rate for the job.



        ARTICLE XVIII: TRANSFER RATES

        Employees temporarily moving from a higher rate job to a lower rate job will receive the pay of the higher rate job. After fifteen (15) consecutive days, White Collar Employees temporarily moving from a lower rate job to a higher rate job, will receive the pay of the higher rate job.



        ARTICLE XIX: EQUAL PAY

        Employees doing the same work and who have served same periods of time in such work shall receive the same rate of pay, regardless of sex.



        ARTICLE XX: HOLIDAYS

        All regular employees will be entitled to receive, as Blue Collar, seven and one-half (7 ) hours and as White Collar, seven (7) hours of pay at the straight time rate for the following holidays:

        New Year’s Day Columbus Day
        President’s Day Election Day
        Martin Luther King Day Veteran’s Day
        Good Friday Thanksgiving Day
        Memorial Day Friday after Thanksgiving
        Independence Day Christmas Day
        Labor Day Two (2) Personal Days


        ARTICLE XXI: QUALIFICATIONS FOR HOLIDAYS

        (1) Straight time according to the regular work schedule of hours shall be paid for regular full-time employees for holidays (not worked) subject to the following conditions:

                (A) Regular full-time employees who are confined by a duly certified illness during the entire week, in which the holiday occurs, shall be paid straight time for the holiday.
                (B) When a holiday falls on a Saturday, it will be observed on Friday.
                (C) When a holiday falls on a Sunday, it will be observed on Monday.
                (D) The rate of pay for a holiday shall be at the rate of the job employed at when the Holiday occurs.
                (E) Any employee using a sick day on the day before or the day after a paid holiday shall not be entitled to the paid holiday, unless the employee provides a doctor’s note for such absence. The City may, at its discretion, require that the employee see the City’s workers compensation doctor in order to verify the condition requiring the absence.


        ARTICLE XXII: VACATIONS

        (1) The following paid vacation days are entitled to each employee in accordance with continuous number of years of service. The Vacation period shall be from the Anniversary Date of Employment for each year.
            White Collar
        Continuous Employment: Paid Vacation Days

        Up to one (1) Year 1-Day Per Month

        One (1) to Five (5) Years 12 Days Per Year

        Six (6) to Ten (10) Years 14 Days Per Year

        Eleven (11) to Fifteen (15) Years 16 Days Per Year

        Sixteen (16) to Twenty (20) Years 18 Days Per Year

        Twenty-one (21) to Twenty-five (25) Years 20 Days Per Year

        Twenty-six (26) to Thirty (30) Years 22 Days Per Year

        31 Years or More Years 24 Days Per Year




        Blue Collar

        Continuous Employment Paid Vacation Days

        Up to one (1) Year 1-Day Per Month

        One (1) to Five (5) Years 12 Days Per Year

        Six (6) to Ten (10) Years 15 Days Per Year

        Eleven (11) to Fifteen (15) Years 18 Days Per Year

        Sixteen (16) to Twenty (20) Years 21 Days Per Year

        Twenty-one (21) to Twenty-five (25) Years 24 Days Per Year

        Twenty-six (26) to Thirty (30) Years 30 Days Per Year

        Thirty-One or More Years 32 Days Per Year



        (2) In the event that a Holiday shall occur during a Vacation Week, an employee on vacation shall not be charged a vacation day for the Holiday.

        (3) Continuous service shall not be broken by strikes or layoffs caused by lack of business, as long as seniority is maintained.


        (4) Any employee that been laid off, resigned, quit, or been discharged shall receive all vacation pay up to the date of his termination pro rata.

        (5) Bargaining unit employees may request the Employer to buy back a maximum of five (5) Vacation Days per year. The decision to buy back vacation days rest with management, subject to the Employer’s staffing needs and the employee’s attendance record. All requests for vacation buy back days shall be submitted in writing by the employee to his/her supervisor, for action by the City Administrator.


        ARTICLE XXIII: WELFARE & PENSION BENEFITS

        (1) (A) The Employer shall provide to each employee and his/her eligible dependents, the employee’s choice of two health insurance plans- HMO Blue or Blue Select or the equivalent thereto, including prescription drug, optical and dental benefits. The employer shall pay the entire cost of this program including any and all premium increases.

            (B) For any employee hired after 1/1/97, the Employer shall provide for the employee and his/her eligible dependents the HMO Blue Health plan or its equivalent thereto, at no cost to the employee. The employee may choose to participate in the Blue Select health plan or it’s equivalent thereto, at the following cost, one half of which will be deducted in each biweekly “pension” pay:
            Family coverage: $40 per month
            Parent/ child $30 per month
            Single $20 per month

            (C) Any employee who chooses to opt out of health insurance coverage for a coverage year shall receive a yearly payment of $2,000, payable in the first pay in December of each year which they are not covered by the City’s health insurance plan.

        (2) The Employer agrees to continue the current Life Insurance program.

        (3) The Employer agrees to continue the current New Jersey Public Employee Pension Plan.





        ARTICLE XXIV: SICK LEAVE

        (1) Employees shall be entitled to sick leave of one (1) paid day per month during the first year of employment and fifteen (15) paid work days thereafter. Unused sick leave days may be accumulated from year to year.

        (2) Upon employee’s retirement, death, or honorable termination of employment, after having served at least five (5) full years, said employee shall receive terminal leave equal to one-half the employee’s accumulated sick leave, computed on his daily rate of pay for the year, immediately preceding said termination, up to a maximum of $20,000. Any employee, who is separated from service for cause arising from any disciplinary action, shall not be entitled to the benefits. For the purposes of this Agreement, accumulated sick leave shall be calculated from date of permanent employment. Employees with less than five (5) full years of service shall not be eligible for pay upon termination.



        ARTICLE XXV: REST PERIODS


        There shall be two (2) fifteen (15) minute rest periods daily to be scheduled by the Employer. One shall be during the morning hours of the shift and during the afternoon hours.


        ARTICLE XXVI: FUNERAL LEAVE


        The Employer agrees to grant four (4) days off, without loss of pay in the event of death of an employee’s mother, father, sister, brother, child, spouse, in-laws, grandparents or another relative with whom the employee is residing at the time of death in the family.


        ARTICLE XXVII: JURY DUTY


        An employee whose service in the capacity of a juror makes it impossible or impractical to work the normal number of hours may make application to the Employer for the difference between jury duty pay received and his normal weekly earnings. The Employer agrees to pay such amount upon presentation of due proof by the employee of such jury duty.



        ARTICLE XXVIII: SEPARABILITY AND SAVINGS CLAUSE

        (1) If any Article or Section of this Agreement or of any Supplements or Riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal, pending a final determination as to its validity, the remainder of this Agreement and of any Supplements or Riders thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.
        (2) In the event that any Article or Section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations, upon the request of either party, for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.




        ARTICLE XXIX: GENERAL CLAUSES


        (1) The Employer shall provide up to $550 per year for work uniforms for each blue-collar employee for the duration of this agreement and shall also provide gloves, tools, or other equipment to each employee when required, and shall maintain the gloves, tools and other equipment without charge.

        (2) Any employees working overtime will not be given time off to offset the overtime work.

        (3) Where new types of equipment and/or operations or classifications for which rates of pay are not established by this Agreement are put into use after January 1, 1992, within operations covered by this Agreement, rates governing such operations shall be subject to negotiations between the parties. Upon failure to agree, either party shall have the right to submit the matter to the grievance procedure as outlined in Article XV. Rates agreed upon shall be effective as of the date equipment is put into use.

        (4) Employees shall be entitled up to a $10 meal allowance after four (4) overtime hours contiguous to a normal workday.

        (5) The Employer shall permit the use of a union bulletin board for the posting of union business and activities.

        (6) Injury leave shall be granted with full pay to any employee temporarily disabled through injury or illness as a result of, or arising from, their respective employment. Any amount of salary or wages paid or payable to employees shall be reduced by the amount of workmen’s compensation awarded for same injury or illness requiring such leave. In no event shall this differential be paid for more than twelve (12) months.
        (7) Any employee required to return to duty on his normal time off shall be granted a minimum of two (2) hours premium rate.

        (8) The Employer agrees that two bargaining unit employees shall man a snowplow for any work performed after dark.

        (9) No leave of absence or combination of leaves of absence for any cause whatsoever shall exceed one year. In the case of continuous absence for more than one year, such employee so absent shall be automatically separated from employment on the first anniversary date from the date such absence began. The City, may, in its discretion, extend such absence indefinitely.

        (10) In order to operate a sewer utility, the City is required to designate an individual in possession of a current, valid operation license of the appropriate class issued by the New Jersey Department of Environmental Protection as the system operator.
            Once the City has designated an employee covered by this agreement as the system operator, that employee shall have seniority for the position within the unit, at a yearly compensation as indicated in Article XXXII. The compensation will be paid with the regular pays, but separate from the employee’s regular salary. This compensation will have no effect on the employee’s overtime rate.

            Should the designated system operator become a supervisor, the City may, in its discretion, maintain that individual as the system operator. Should the City decide not to maintain that individual as system operator, or should the designated system operator terminate employment with the City, then the City will designate as system operator the employee in this unit with the most seniority under this paragraph. Seniority under this paragraph shall be established as the date the employee has obtained the appropriate license, so long as that employee has applied for compensation as indicated below. In the event that two or more employees receive the appropriate license on the same date, then their seniority under this paragraph shall be determined as delineated elsewhere in this contract. In the event that no employee covered by this contract has the appropriate license, the City may designate anyone they choose in possession of such a license, including supervisory personnel, or others not covered by this collective bargaining agreement.

            For any members of the unit who have obtained licenses, but are not the designated operator, the City will pay the following one-time compensation:
            C1 License - $1,500.00
            C2 License - $1,000.00

            For any members of the unit who have obtained licenses, but are not the designated operator, the City will pay the following yearly compensation:
            C1 License - $300.00
            C2 License - $500.00

            This compensation shall not be paid in combination with each other, and the total compensations paid will be limited to five (5) all together, but not more than three in each category. It is the responsibility of the employee applying for the compensation to provide the City with a request for the compensation and proof of possession of the license. Once established, so long as the employee stays in possession of a current, valid license, the employee will continue to receive the compensation.

        (11) All changes in pay rates resulting from employee anniversary dates as delineated in this contract will occur with the first pay of the month following the employee’s anniversary date.

          ARTICLE XXX: DURATION

          (1) This Agreement shall be effective four (4) years as of the first day of January 2004 and shall continue in full force and effect up to and including December 31, 2007 and shall continue from year to year thereafter unless either of the parties hereto shall give to the other sixty (60) days written notice prior to the original termination date or prior to the end of any subsequent year of an intention to terminate the Agreement. Any and all changes in compensation and benefits agreed to after the said termination date shall be retroactive to the day following such termination date.
          (2) In the event of an inadvertent failure by either party to give the notice set forth in Section (1) of this Article, such party may give such notice at any time prior to the termination or automatic renewal date of this Agreement. If a notice is given in accordance with the provisions of this Section, the expiration date of this Agreement shall be the sixty-first (61st) day following such notice.



          ARTICLE XXXI: MANAGEMENT RIGHTS

          (1) It is recognized that the well being of both parties is directly dependent upon the skill and efficiency with which the business of the Employer is conducted and that any assumption of the functions of management by representatives of the Union or Employees represented by it, is contrary to the intent and purpose of this Agreement.

          (A) Accordingly, the Employer retains and reserves unto itself all powers, rights, duties and responsibilities conferred upon and invested in it prior to the signing of this Agreement by the laws and Constitution of the State of New Jersey and the United States including but not limited to the following rights:
            1- The executive management and administrative control of the City government and its properties and facilities and activities of its employees.
            2- To hire, discharge and discipline employees for good cause, and to determine their qualifications for employment or assignment and to promote and transfer employees subject to the provisions of this Agreement.
              (B) Nothing contained herein shall be construed to deny or restrict the Employer of its powers, rights, authorities, duties, and responsibilities under R.S. 40 and R.S. 50A, or any other national state, county, or local laws or ordinances.

                  (C) Somers Point is a City covered by Civil Service rules and regulations and is subject to the rules and regulations thereof.


              ARTICLE XXXII - SALARIES
              2004
              200520062007
              BLUE COLLAR
              Work Leader
              47,768
              49,679 51,666 53,733
              DPW Level 10Years 24 & above
              42,722
              44,431 46,208 48,057
              DPW Level 9Years 22 & 23
              42,129
              43,393 44,695 46,036
              DPW Level 8Years 20 & 21
              41,478
              42,722 44,004 45,324
              DPW Level 7Years 18 & 19
              40,865
              42,091 43,354 44,654
              DPW Level 6Years 16 & 1 7
              40,365
              41,576 42,823 44,108
              DPW Level 5Years 14 & 15
              38,935
              40,104 41,307 42,546
              DPW Level 4Years 12 & 13
              37,506
              38,631 39,790 40,984
              DPW Level 3Years 10 & 11
              36,075
              37,158 38,272 39,420
              DPW Level 2Years 8 & 9
              35,600
              36,668 37,768 38,901
              DPW Level 1Years 6 & 7
              32,934
              33,922 34,939 35,988
              Note: An employee cannot automaticaly advance beyond DPW Level 1 unless the employee is licensed with
              a Commercial Drivers License (CDL). Should the employee obtain a CDL after the beginning of
              year 8, the date that the CDL is obtained will establish the automatic level anniversary date changes.
              Start Rate Year 5
              29,870
              30,766 31,689 32,640
              Start Rate Year 4
              26,780
              27,583 28,411 29,263
              Start Rate Year 3
              23,690
              24,401 25,133 25,887
              Start Rate Year 2
              21,630
              22,279 22,947 23,636
              Start Rate Year 1
              19,570
              20,157 20,762 21,385
              C2 Sewer Licensee
              8,000
              8,320 8,653 8,999
              WHITE COLLAR
              Bookkeeper 1
              33,500
              34,840 36,234 37,683
              2
              24,323
              25,295 26,307 27,360
              3
              19,148
              19,913 20,710 21,538
              L&I Sec. 1
              36,179
              37,626 39,131 40,696
              2
              23,805
              24,757 25,747 26,777
              3
              20,700
              21,528 22,389 23,285
              Dep Tax Col 1
              28,773
              29,923 31,120 32,365
              2
              24,323
              25,295 26,307 27,360
              3
              19,148
              19,913 20,710 21,538
              Dep Ct Admin 1
              35,349
              36,763 38,234 39,763
              2
              24,323
              25,295 26,307 27,360
              3
              19,148
              19,913 20,710 21,538
              AC/Typist 1
              36,088
              37,532 39,033 40,594
              2
              24,323
              25,295 26,307 27,360
              3
              19,148
              19,913 20,710 21,538
              Ck/Ty/Matron 1
              33,200
              34,528 35,909 37,345
              2
              23,288
              24,219 25,188 26,195
              3
              19,148
              19,913 20,710 21,538
              Clk/Typist Yr. 3
              19,148
              19,913 20,710 21,538
              Yr. 2
              17,595
              18,299 19,031 19,792
              Yr. 1
              16,146
              16,792 17,464 18,162
              Note: White collar workers in Levels 2 or 3 shall receive the larger of the designated level pay or the
              contractural percentage increase applicable in that year applied to their previous year's last pay rate
              ARTICLE XXXIII: LONGEVITY BONUS

              Upon completion of five (5) years of service, $100 per year for each year worked. i.e., seven years, $700.



              IN WITNESS WHEREOF the Parties hereto have duly executed this Agreement of the 1st Day of January 2004.




              FOR THE EMPLOYER FOR THE UNION



              ______________________________ _____________________________
              Signature Signature




              _______________________________ ______________________________
              Printed Name Printed Name



              ___________________ ____________________
              Date Date



              ______________________________ ______________________________
              Witness Witness


              ___________________ ____________________
              Date Date
              21
              APPENDIX A

              REPORT OF GREIVANCE
              TEAMSTERS LOCAL UNION NO. 115

              Name _____________________________________ Social Security # _______________________________

              Address _________________________________________________________________________________

              _________________________________________________________________________________

              Employer _________________________________ Telephone # ___________________________________


              Employer Address _________________________________________________________________________

              ________________________________________________________________________

              How Long Employed _______________________ Job Classification ______________________________

              Nature of Grievance
              (Include date of occurrence, contract article(s) in dispute, and relief sought)


              ________________________________________________________________________________________

              ________________________________________________________________________________________

              ________________________________________________________________________________________

              ________________________________________________________________________________________

              ________________________________________________________________________________________

              Signature of Member Filing Grievance ______________________________________ Date ____________

              Signature of Shop Steward ______________________________________________
              City Comments


              ________________________________________________________________________________________

              ________________________________________________________________________________________

              ________________________________________________________________________________________

              ________________________________________________________________________________________

              Action Taken by Business Agent

              Date _________________________

              ________________________________________________________________________________________

              ________________________________________________________________________________________


              Signature of Member Business Agent ______________________________________


              Somers Point and IBT Loc 115 Blue White Collar 2004.pdf