AN AGREEMENT BETWEEN
THE TOWNSHIP OF LOWER
COUNTY OF CAPE MAY, STATE OF NEW JERESY
TEAMSTERS LOCAL UNION NO. 676
JANUARY 1, 2012 THROUGH DECEMBER 31, 2015
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION
ARTICLE 2 – MANAGEMENT RIGHTS
ARTICLE 3 – GRIEVANCE PROCEDURE
ARTICLE 4 – SENIORITY
ARTICLE 5 – UNION REPRESENTATIVES
ARTICLE 6 – HOURS AND OVERTIME
ARTICLE 7 – HOLIDAY, PERSONAL, BEREAVEMENT AND UNPAID LEAVE
ARTICLE 8 – VACATION LEAVE
ARTICLE 9 – HEALTH BENEFITS AND INSURANCE
ARTICLE 10 – SICK LEAVE AND RETIREMENT
ARTCILE 11 – WAGES
ARTICLE 12 – LONGEVITY
ARTICLE 13 – BULLETIN BOARD
ARTICLE 14 – WORK RULES
ARTICLE 15 – NO STRIKE PLEDGE
ARTCILE 16 – NON DISCRIMINATION
ARTCILE 17 – DEDUCTIONS FROM SALARY
ARTICLE 18 – UNIFORMS
ARTICLE 19 – SEPARABILITY AND SAVINGS
ARTCILE 20 – FULLY BARGAINED PROVISIONS
ARTICLE 21 – CREDIT UNION
ARTICLE 22 – TERM AND RENEWAL
This Agreement, entered into this ______ day of August, 2012 by and between the Township of Lower, in the County of Cape May, State of New Jersey, as Municipal Corporation of the State of New Jersey, hereinafter called the “Township” and Teamsters Local Union No. 676, affiliated with the International Brotherhood of Teamsters, AFL/CIO, hereinafter called the “Union”, represents the complete and final understanding of all bargainable issues between the Township and the Union.
ARTICLE I – RECOGNITION
The Township hereby recognizes the Union as the exclusive collective negotiations agent for all employees covered in the certification and more specifically enumerated by job titles listed below:
Senior Mechanic Diesel
Senior Equipment Operator
Supervising Equipment Operator
Motor Broom Driver
Sign Maker Wood/Metal
Recreation & Parks Maintenance Worker/Grounds Keeper
Truck Driver - *CDL License Required
Animal Control Officer
Senior Maintenance Repairer
ARTICLE 2 – MANAGEMENT RIGHTS
The Township hereby retains and reserves unto itself without limitation all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
The executive, managerial and administrative control of the Township government and its properties and facilities and the activities of its employees;
To hire all employees subject to the provisions of law, to determine their qualifications and controls for continued employment or assignment and to promote and transfer employees.
To suspend, demote, discharge or take other disciplinary action for good and just cause according to law.
The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Township, the adoption of policies, rules and regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms hereof and in conformance with the Constitution and Laws of New Jersey and of the United States.
Management shall have the right to institute technological improvements within the department subject only to the limitations contained herein. “Technological improvement” is defined as a change in procedures, equipment or method of operation which has the effect of increasing the efficiency of the operation of the department, or lowering the manpower requirements of the department. In the event technological improvements are introduced, the department will endeavor, as far as practicable, to institute these improvement in such a manner that there will be the least possible hardship to employees. Should the Union feel the need that an injustice has been committed in such action, they may file a grievance under this Agreement. The sole issue for the arbitrator shall be: “Did the department act arbitrarily or capriciously in instituting the technological improvements?”
Nothing contained herein shall be constructed to deny or restrict the Township of its powers, rights, authority, duties and responsibilities under Title 40 and Title 11 of New Jersey Statutes, or any other national, state, county or local laws or ordinances.
ARTICLE 3 – GRIEVANCE PROCEDURE
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 this agreement. The parties agree that this procedure will be kept as informal as may be appropriate.
Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the department’s supervisory staff and having the grievance adjusted without the intervention of the Union.
The term “grievance” as used herein means any controversy arising over the interpretation or adherence to the terms and conditions of this Agreement and may be raised by an individual, the Union or the Township.
C. Steps of the Grievance
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:
An aggrieved employee shall institute action under the provision hereof within five (5) working days of the occurrence of the grievance and an earnest effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informally. Failure to act within said five (5) working days shall be deemed to constitute an abandonment of the grievance.
The supervisor shall render a decision within five (5) working days following the receipt of a grievance.
In the event a satisfactory settlement has not been reached, a written complaint signed by the employee shall be filed with the department head, or his representative, within five (5) working days following the determination by the supervisor.
The department head, or his representative, shall render a decision in writing within five (5) working days from the receipt of the complaint.
In the event the grievance has not been resolved at step two, then within ten (10) working days following the determination of the department head, the matter may be submitted to the Township Manager.
The Township Manager shall review the matter and make a determination within ten (10) working days from the receipt of the complaint.
In the event the grievance has not been resolved through step three, then within ten (10) working days following the determination of the Township Manager, the matter may be submitted to the Public Employment Relations Commission for arbitration. An arbitrator shall be selected pursuant to the rules of P.E.R.C.
However, no arbitration hearing shall be scheduled sooner than 30 days after the final decision of the Township Manager. In the event the aggrieved elects to pursue Civil Service procedures, the arbitration hearing shall be cancelled and the matter withdrawn from arbitration.
The arbitrator shall be bound by the provisions of this Agreement and restricted to those facts which were presented to him as being involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way, the provisions of this Agreement or any amendment or supplement thereto. The decision of the arbitrator shall be final and binding upon the parties.
The costs of the services of the arbitrator shall be borne equally between the Township and the Union. Any other expenses including but not limited to the presentation of witnesses, shall be paid by the party incurring the same.
The arbitrator shall set forth the findings of fact and reasons for making the award within 30 days after conclusion of arbitration hearing, unless otherwise agreed to by the parties.
Upon request of the Union, the Township shall supply non-confidential information relating to the specific grievance with regard to which such information is requested.
D. Union Representation in Grievance Procedure
At the request of the aggrieved employee, the Shop Steward may participate in the grievance procedure at step one.
The Business Agent of the Union or his designee may participate in the grievance procedure at step two.
The Business Agent or his designee and the Shop Steward of the Union may participate in the grievance procedure at step three.
ARTICLE 4 – SENIORITY
Seniority, which is defined as continuous employment with the Township from date of last hire, will be given due consideration by the Township in accordance with the Civil Service Regulations. The employee with the greater seniority shall have the first option for any higher rated job, provided the said employee is qualified to handle the job.
All job openings shall be posted by the Township on the employee bulletin board. Any employee wishing to bid on the position shall do so by notifying the Director of Public Works in writing.
Once each year, during the month of January, the Township shall compile and submit to the Union in writing, and then post a seniority list or lists from the regular payroll records. Any employee hired after said posting shall have their name added to the list in order of date of hire, and the Union shall be notified of such additions.
ARTICLE 5 – UNION REPRESENTATIVES
Accredited representatives of the Union may enter the Township facilities or premises at reasonable hours for the purpose of observing working conditions or assisting in the adjustment of grievances. When the Union decides to have its representative enter the Township facilities or premises, it will request such permission from the appropriate Township representative and such permission will not be unreasonably withheld, provided there shall be no interference with the normal duties of employees. There shall be no Union business transacted nor meetings held on Township time or property.
ARTICLE 6 – HOURS AND OVERTIME
The workday shall consist of eight (8) hours per day from 7:00 a.m. to 3:00 p.m. with one-half hour paid lunch.
All work performed by employees, in excess of eight (8) hours per day and/or forty (40) hours per week, including approved sick vacation, or personal hours, shall be paid at the rate of time and one-half (1 ½). Employees shall not be scheduled to work more than seven (7) consecutive days.
When the Township closes for an emergency, the employees that are requested to stay shall receive time and one half for all hours worked for the balance of the day.
Overtime shall be distributed as equitably as possible. The Township must give reasonable notice of overtime for each day.
The overtime provisions of this clause shall apply only to permanent full time employees.
Employees shall be entitled to call in pay at the following rates:
Trash truck employees are required to: gas up, check oil, check tires and check lights; in p.m. trucks are to be cleaned out.
For regular recall, two and one half (2 ½) hours pay at the applicable rate.
For Saturday, two and one half (2 ½) hours pay at time and one half.
For Sunday, two and one half (2 ½) hours pay at double time.
Overtime pay shall be paid bi-weekly as earned.
I. Compensatory Time
J. Rotating overtime for callbacks will be reviewed every six (6) months.
As a general rule, employees shall be paid for overtime work when it is authorized by the supervisors. In special circumstances, and at the option of the supervisor, overtime may be offered and taken as compensatory time off.
Supervisors shall be responsible for seeing to it that their employee are allowed to take any and all compensatory time off as soon as possible after it has been earned, and within the calendar year earned; otherwise, the compensatory time earned that year will be paid in full at the end of the year.
Compensatory time on the books as of December 31, 1996 will be frozen. This frozen Compensatory time shall be bought out by the Township (or used by the employee) in accordance with negotiation schedule, starting in 1997. The Township will purchase up to a maximum of 100 hours per calendar year subject to the availability of funds.
ARTICLE 7 – HOLIDAY, PERSONAL, BEREAVEMENT AND UNPAID LEAVE
The following holidays shall be recognized or the day observed by the Township for the following listed holidays:
Martin Luther King Day
Election Day (General)
Day After Thanksgiving
All employees who may be scheduled to work on the recognized holidays noted in this Article shall be paid at the rate of two (2) times for all hours worked with a minimum of four (4) hours guaranteed. The intent of this Article is that on those occasions when the employees work on a recognized holiday, they be paid their regular rate of pay for the holiday and two (2) times their regular pay for a minimum of four (4) hours.
Employee must work the day before and the day after a holiday to be paid for the holiday. The only exception is scheduled time off for vacation, personal day, or sick day (doctor’s slip required of sick).
In addition to the time periods listed in other paragraphs of this Article 7 and exclusive of the time periods which may be used under the sick leave provision as hereafter stated in Article 10, an employee shall be granted up to three (3) working days off with pay, for the purpose of bereavement leave for the loss of a family member from the date of death up to and including the day of the funeral. The following is a list of those person who qualify within the term “family member”:
“Family member’ shall also include any relative of the employee that has been residing in the employee’s household. Under no circumstances shall the provision of this section result in an increase in an employee’s normal earnings. Employees shall be entitled to one (1) day to attend the funeral of an Aunt, Uncle, Brother/Sister in law.
Mother/Father in law
E. 1. Each employee shall be entitled to three four (34) personal days per year and a 4th personal day for their birthday. Personal days must be used in a calendar year earned. If denied, employees will be allowed to carry them over into the next year. A note is required from the supervisor to the Township Manager to verify. The employees must submit their requests within seventy-two (72) hours of the personal holiday to the Township. The seventy-two (72) hour request will be waived for emergency situations. Employees must tell what the emergency is to the supervisor.
2. Personal days will be given on a first come basis. Each employee shall have a vested right to any unused personal leave which he earned prior to December 31, 1981. The employee shall permitted to either use that vacation leave or carry it over at his discretion. Any vacation leave taken by an employee subsequent to January 1, 1982 shall be assessed against a personal vacation leave he is entitled to take in that calendar year.
3. Personal leave entitlements for the entire year shall be credited to the employee at the beginning of each calendar year in anticipation of continued employment for the full year. In the event the employee terminated employment, takes a leave of absence, or has any other change in status where such leave is not earned for a portion of the year, the employer shall recover the prorated value of personal leave, and if the employee utilizes more leave than is earned, he shall be required to reimburse the employer for the value of the used, but unearned leave. For the purposes hereof, the prorated value of the personal leave shall be determined by i) dividing the number fifty two (52) by the number of full weeks in such years as of the date of such termination of employment, leave or change in status, then ii) multiplying such fraction by the total number of personal days credited at the beginning of such year, and then iii) subtracting the personal days used in such year.
F. 1. Family/Medical Leave of Absence will be granted in accordance with the provisions of the Federal Family and Medical Leave Act (“FMLA”) and the New Jersey Family Leave Act (“NJFLA”) and the regulations promulgated thereunder. Under the provisions of these statutes, the employee is entitled to twelve (12) weeks of leave during a twelve (12) month period, which leave may be extended at the request of the employee, upon good cause shown, for up to an additional six (6) months, excluding the initial twelve (12) week period. The employee shall be entitled to leave for the employee’s own serious health condition, or the need to care for a spouse, child or parent with a serious health condition. In addition, the employee may take leave to care for a parent, child or parent-in-law. The circumstances under which leave may be taken vary depending on the type of leave requested and the employer will grant leave in accordance with the provisions of each statute, the regulations for each statue, and judicial decisions interpreting the requirements of each statute. If the employee takes FMLA or NJFLA leave, the employee may, at the employee’s option use accrued sick leave, vacation and other administrative leave during the FMLA or NJFLA leave. The employer retains all rights to require proper certification from a health care provider pursuant to all applicable Laws. Any other leave of absence shall be granted in the sole and absolute discretion of the Township Manager and shall not be for a period in excess of six (6) months.
2. Any unpaid leave of absence granted because of illness or disability will not result in cessation of health benefits and insurance set forth in Article 9. The employee shall not earn any seniority during the period of such leave of absence, and there will be no additional accrual of vacation, sick and personal days during the period of such leave of absence.
3. As to any unpaid leave of absence granted for any reason other than illness or disability, the Township shall have sole discretion to determine if such leave will result in a cessation of insurance, health and welfare benefits during such leave of absence. The employee shall not earn any seniority during the period of such leave of absence, and there will be no additional accrual of vacation, sick and personal days during the period of such leave of absence.
4. Unless otherwise specifically set forth in this Agreement to the contrary, all of the provisions of the New Jersey Department of Personnel Regulations concerning leaves of absence, set forth in Title 4A of the New Jersey Administrative Code, Chapter 6, Subchapter 1, as applied to State service, shall apply to members of the Union.
5. Before an employee goes on FMLA or NJFLA leave without pay, the shall be entitled to use all of the sick, vacation and personal days which have been credited to the employee at the beginning of the year. The employee also acknowledges that sick, vacation and personal days are not earned during any FMLA or NJFLA leave or any other unpaid leave of absence. Accordingly, i) if an employee on such leave does not return to work, he shall reimburse the employer for the paid sick, vacation and personal days used in excess of his prorated entitlements as set forth in Articles 7, 8 and 10 of this Agreement, or ii) if an employee on such leave does not return to work, the sick, vacation and personal days to be credited in the future shall be reduced by such days used in excess of his prorated entitlements.
ARTICLE 8 – VACATION LEAVE
Annual vacation leave with pay shall be earned at the rate of one (1) working day of vacation for each month of service during the remainder of the calendar year following the date of appointment; thirteen (13) working days vacation thereafter for every year and up to five (5) years of service; sixteen (16) working days vacation after the completion of five (5) years of service and up to ten (10) years of service; and twenty (20) working days vacation after the completion of ten (10) years of service and up to fifteen (15) years of service; and twenty-five (25) working days after completion of fifteen (15) years of service and up. Permanent part-time employees shall receive vacation credit allowance on a proportionate basis.
Vacation leave must be taken during the current calendar year at such time as permitted or directed by the appointing authority unless the appointing authority determines that it cannot be taken because of the pressure of work. Any vacation leave occurring in any calendar year which is unused by an employee within that calendar year must be used within the following calendar year or it shall be lost to the employee. An employee carrying vacation time pursuant to this paragraph shall be entitled to use the vacation time in the carry over year.
Each employee shall have a vested right to any unused vacation leave which he had earned prior to December 31, 1981. The employee shall be permitted to either use that vacation leave or carry it over at his discretion. Any vacation leave taken by an employee subsequent to January 1, 1982 shall be assessed against a vacation leave he is entitled to take in that calendar year. (E.g. – an employee has accumulated 50 unused vacation days which accrued to him prior to December 31, 1981. Under the 1982 contract, said employee is entitled to 20 vacation days. Said employee takes 25 vacation days in the calendar year of 1982. The first 20 days will be assessed against his 1982 vacation leave and the other 5 days will be subtracted from his previously vested 50 vacation days.)
All employees will submit vacation schedules for the upcoming year by December 15th of each year, the Township will verify all requests by December 31st of each year. No more than two (2) mechanics shall be on vacation at the same time. Employees may switch their scheduled vacations with other employees, with the approval of the Township. Vacation schedules are to be prepared by the Director.
Vacation leave entitlements for the entire year shall be credited to the Employee at the beginning of each calendar year in anticipation of continued employment for the full year. In the event the employee terminates employment, takes a leave of absence, or has any other change in status where such leave is not earned for a portion of the year, the employer shall recover the prorated value of vacation leave, and if the employee utilizes more leave than is earned, he shall be required to reimburse the employer for the value of the used, but unearned, leave. For the purposes hereof, the prorated value of vacation leave shall be determined by i) dividing the number fifty-two (52) by the number of full weeks in such year as of the date of such termination of employment, leave or change in status, then ii) multiplying such fraction by the total number of vacation days credited at the beginning of such year, and then iii) subtracting the vacation days used in such year.
ARTICLE 9 – HEALTH BENEFITS AND INSURANCE
The Township shall provide the following health benefits for all full-time permanent and provisional employees working thirty (30) hours per week or more, and their dependents, starting at the beginning of the third full calendar month of employment:
Major Medical Benefits with 100% coverage in-network for covered services. For out-of-network services, there will be a $1500 deductible per person for 2008 and a $250 deductible per family shall increase to $750 as of January 1, 2009 and a 340% co-insurance charge after deductibles on the first $2,000 of covered charges per person for 2008 and shall increase to $2,500 as of January 1, 2009. The maximum deductibles and co-insurance charges per individual is $2,000 and $5,000 per family. will be based on two individuals, totaling $1,000 for the deductibles for 2008 and shall increase to $1,500 as of January 1, 2009 and $1,600 for co-insurance. The deductibles and co-insurance charges do not apply in-network. The in-network co-payments will be $10 20 per office visit for 2008 and shall increase to $20 per visit as of January 1, 2009. All coverage for out-of-network will be based upon usual and customary charges. The covered services provided hereunder are set forth on Schedule A attached hereto.
The Township will provide a prescription plan which will require copayments of $5 for generic and $10 for brand name. There will be one (1) co-payment per ninety (90) day supply of medication for mail orders.
Dental plan with payment limitations as follows:
Preventative Maintenance, etc. 100%
Diagnostic and Restorative Treatment 85%
Endodontics and Periodontics 85%
Prostodontics (Fixed and Removable) 85%
Maximum Benefit: $1,300 per person per calendar year. $2,950 lifetime maximum per person for orthodontic service.
A Vision Care Plan with benefits payable only once every twenty-four (24) months, except Vision Analysis which shall be annually, as follows: (eye exams annually and contact, glasses, etc. every two years)
|Single Vision Lenses||$100|
|Single Vision Lenses||$80||$90||$100|
|Contact Lenses ||$120||$130||$140|
The Township shall provide the following health benefit coverage for retired employees up to sixty-five (65) years of age:
These benefits, in their amended form, will start on the date of this Agreement, and shall continue for the life of the term of this Agreement.
Employee retires at age sixty-two (62) or older with at least fifteen (15) years service with the Township.
Employee retires before age sixty-two (62) with a t least twenty-five (25) years of service with the Township.
Coverage is for retired employee and those dependents at time of retirement, but only for as long as they remain dependents. Subsequent marriage will not make a new spouse and dependents eligible.
Basic medical arid major medical as described under Subparagraph 9A.1.
Prescription drug plan as described under Subparagraph 9A.2.
Coordination of Benefits
The Township shall provide the following health benefits coverage for retired employees who have reached the age of sixty-five (65):
If retired employee takes a job with an employer who provides health benefits, he/she must obtain primary coverage thereunder, and the Township will be the secondary insurer. The same applies, if the retired employee’s spouse has or takes another job which provides health benefits, with employed spouse’s benefits primary.
a) Employee retired at age sixty-two (62) or older with at least fifteen
b) Employee retired with at least twenty-five (25) years of service with the Township, not necessarily continuous at the time of retirement.
(15) years continuous service with the Township at the tine of retirement.
c) Employee retired at age sixty-five (65) or older but with less than fifteen (15) years service with the Township, shall be allowed to participate in any Township group plans for supplemental Medicare Insurance, (if the Township provides one) and prescription program as long as the employee pays the premiums.
d) Coverage is for retired employee and spouse, both of whom have reached sixty-five (65). When one employee or spouse reaches sixty-five (65) the other will continue to receive coverage as described under Paragraph 9B, until he/she reaches sixty-five (65).
Benefits are limited to a maximum of $831.50 in the year 2008, $862.00 in the year 2009 and $894.00 in the year 2010, for retired employee and spouse, to assist in the purchase of a medicare supplement health benefits plan. Medicare Part B payments/deductions shall have been authorized by each. The Township reserves the right to purchase the supplements directly, or to reimburse the retired employee and/or spouse.
If retired employee or spouse has or takes a job with an employer who provides health benefits, he and/or she must obtain primary coverage thereunder, and the Township will be the secondary insurer. Coordination of benefits will apply.
To the extent that the federal social security medicare program changes the eligible age limits for participation therein, then the age limit of sixty-five (65) for eligibility for Township health benefits upon retirement shall be adjusted accordingly, to match the medicare eligibility requirements. For example, if the medicare eligibility age were to be increased to sixty-six (66) years (for specified individuals), the Township’s benefits under Paragraph 9B above would continue to age sixty-six (66), and the Township’s benefits under Paragraph 9C, above would start at age sixty-six (66), to coincide with the medicare terms and conditions.
The Township retains the right, at its option, to change any of the existing insurance plans or carriers providing such benefits, so long as the level of benefits provided to the employees and their eligible dependents are greater than or equal to the current plan. Notwithstanding the foregoing, the Township retains the exclusive right to return to the New Jersey State Health Benefit Plan so long as it provides employees with the coverage available under the State Health Benefits Plan that is substantially equlivant to the employee’s current coverage. The Township further reserves the right, at its option, to self-insure any of said plans and coverages so long as the level of benefits provided to the employees and their eligible dependents is equal to or better than. In the event the Township changes any of the existing insurance plans or carriers providing such benefits, the Township will give the Supervisors thirty (30) days notice prior to implementing the new Plan or carrier.The Township reserves the right to change third party administrators and/or health plans, as long as the within benefit levels and deductible and co-payment costs to employees are substantially equivalent.
When both husband and wife are Township employees, family coverage will be provided under only one contract, with the supplemental benefit of 100% coverage for vision and dental, and 100% reimbursement of in-and-out of network deductibles and co-payments. When an employee’s spouse works for another employer with family health benefits, then the employee may waive health insurance coverage under the Township Plan in favor of coverage under the spouse’s plan. In this event, the Township will annually award a $1,500the employee 25% of the premium that would have been paid on behalf of that employee but for his/her decision to opt out up to a maximum of $5000.00. Said cash payment will be made in December of that the year in lieu of enrolling the employee in the Township plansin which he/she opted out of coverage. An employee who waives coverage shall be permitted to resume coverage under the same terms and conditions as apply to initial coverage if the employee ceases to be covered through his/her spouse for any reason, including, but not limited to, the retirement or death of a spouse, or divorce. Partial “opt out” years will result in a prorated payment.
The provisions of this Agreement do not affect the health benefits coverages of employees who retired prior to the effective date of this same Agreement, all of which benefits are to be determined by prior contracts in effect at the time of retirement.
The Township shall provide a $25,000 life insurance policy on the employee’s life only, in addition to the insurance provided by the state pension plan.
The Township agrees to provide a free legal defense to any employee sued in his or her official capacity for any legal act committed within his/her authority as a Township employee.
Cost Contribution: Bargaining unit members shall contribute to the costs of the Health Benefits Insurance Plan coverages. All bargaining unit members shall pay a portion of health care coverage costs consistent with P.L. 2011, c. 78 (hereinafter “Chapter 78”). In addition, all Bargaining unit members who retire on or after June 28, 2011, shall contribute in accordance with P.L. 2011, c. 78 (hereinafter “Chapter 78”).
ARTICLE 10 – SICK LEAVE AND RETIREMENT
All employees shall retain all pension rights under New Jersey Law and the Ordinance of the Township of Lower.
Employees shall receive a sick leave credit of one (1) working day for each month of service during the remainder of the first calendar year of service. Thereafter, all permanent employees shall be entitled to sick leave on the basis of fifteen (15) days per year. All permanent full time temporary or full time provisional employees shall be entitled to sick leave on the basis of fifteen (15) days per year. Part time permanent employees shall be entitled to sick leave as established by regulations. The fifteen (15) days will be credited at the beginning of the year, and may be used at any time during the year. If an employee resigns, retires, or is otherwise absent, the fifteen (15) days will be pro-rated, and if more has been used than earned, it must be repaid. Sick leave may be utilized by employees when they are unable to perform their work by reason of personal illness, accident, or exposure to contagious disease. Sick leave may also be utilized for short periods because of death in the employees immediate family as defined in Article 7, Paragraph D, who is seriously ill. Sick leave entitlements for the entire year shall be credited to the employee at the beginning of each calendar year in anticipation of continued employment for the full year. In the event the employee terminates employment, takes a leave of absence, or has any other change in status where such leave is not earned for a portion of the year, the employer shall recover the prorated value of sick leave, and if the employee utilizes more leave then is earned, he shall be required to reimburse the employer for the value of the used, but unearned, leave. For the purposes hereof, the prorated value of sick leave shall be determined by i) dividing the number fifty-two (52) by the number of full weeks in such year as of the date of such termination of employment, leave or change in status, then ii) multiplying such fraction by the total number of sick days credited at the beginning of such year, and then iii) subtracting the sick days used in such year.
All permanent employees shall be entitled to accumulated sick leave days from year to year to be used if and when needed for such purpose.
The Township will, at the employees request, annually buy back five (5) days of unused sick leave in December of any year, from employees who have not used more than five (5) sick days that calendar year. For employees hired prior to January 1, 2002, the purchased sick leave shall not reduce the terminal leave benefit in days or hours due to the employee at the time of retirement pursuant to Paragraphs E.1 and E. 2.
For all employees hired prior to January 1, 1982, upon regular retirement, an employee will receive a terminal leave benefit based upon the cash value of accumulated unused sick leave to a maximum of one hundred eighty (180) days, at the employee’s rate of salary at retirement.
For all employees hired after January 1, 1982, they shall be entitled, upon regular retirement, to compensation for 100% of unused sick leave, up to a maximum of one hundred (120) days.
For employees hired on or after January 1, 2002, the maximum terminal leave benefit will be $12,000.
Employees with ten (10) years of service resigning in good standing shall receive compensation for 50% of unused sick leave subject to the restrictions of Paragraph E1, Paragraph E2 and Paragraph E3.
Each retiring employee shall notify the Township treasurer of his intention to retire no later than December 1st of the year preceding the year in which the employee will retire.
For the purposes of Paragraphs E1, E2 and E3, “regular retirement” shall mean either of the following:
Retirement at age sixty-two (62) or older with at least fifteen (15) years of continuous service with the Township at the time of retirement; or
Retirement at any age with at least twenty-five (25) years of service with the Township at the time of retirement, but not necessarily continuous.
Reporting of Absence on Sick Leave
If an employee is absent for reasons that entitle him to sick leave, his supervisor shall be notified promptly as of the employee’s usual reporting time, except in those work situations where notice must be made prior to the employee’s starting time.
Failure to so notify his supervisor may be cause of denial of the use of sick leave for that absence and constitute cause for disciplinary action.
Absence without notice for five (5) consecutive days shall constitute a resignation.
G. Verification of Sick Leave
An employee who shall be absent on sick leave for five (5) or more consecutive working days shall be required to submit acceptable medical evidence substantiating the illness.
In case of leave of absence due to exposure to contagious disease, a certificate from the Department of Health shall be required.
An employee who has been absent on sick leave for periods totaling ten (10) days in one calendar year consisting of periods less than five (5) days, shall submit acceptable medical evidence for any additional sick leave in that year unless such illness is of a chronic or recurring nature requiring recurring absences of one (1) day or less in which case only one certificate shall be necessary for a period of six (6) months.
The appointing authority may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action.
In case of death in the immediate family, reasonable proof shall be required.
The Township may require an employee who has been absent because of personal illness, as a condition of his return to duty, be examined at the expense of the Township, by a physician designated by the Township. Such examination shall establish whether the employee is capable of performing the essential functions of his/her job and that his/her return will not jeopardize the health or safety of the employee, other employees or of the public.Such examination shall establish whether the employee is capable of performing his normal duties and that his return will not jeopardize the health of other employees.
ARTICLE 11 – WAGES
All members of the Teamster’s Union covered by this Agreement, shall receive a 3.82.00% increase increase to their annual salary for 2008 and shall receive a 3.70% increase to their annual salary for the years 2009 2012, 2013, 2014 and 20102015. Said increase shall be effective on the first day of each year.
The hourly rate shall be as set forth on schedule B attached hereto by this reference made a part hereof.
Any employee who has a commercial drivers license (“CDL”) or has a valid permit will receive a $0.10 per hour differential increase whether they drive or not. CDL license must be held by all employees driving. If license is not obtained or license is revoked, employee is subject to layoff until the license is obtained or restored.
All new hires, except Laborers, will start at $1.00 per hour less than the listed rate. After each three (3) months, the employee will, receive $.25 per hour until full year. At the first anniversary, the employee will receive the full hourly rate contained in the of Agreement. All new Laborers hired after July 1, 2012s who were employed by the Township as a seasonal Laborer prior to that date shall be hired at an hourly rate of pay $4,000.00 less than the third year Laborer until the beginning of the third year, at which time $4,000.00 shall be added to the bases salaryequivalent to a $32,500.00 yearly salary. All new Laborers hired after July 1, 2012, who were not previously employed by the Township as a seasonal Laborer before that date, shall be hired at an hourly rate equivalent to a $30,000.00 yearly salary. All new hire laborers will receive a $500.00 per year increase in the first five (5) years of their employment. The All new hire laborers shall also be entitled to all other benefits and salary increases provided in this contract.
Employee upgraded from one classification to another classification shall receive the top rate in that classification. Employees working in a lower rated job shall not suffer any reduction in wages.
Employees assigned to work in a hire rated job, according to seniority and qualifications, shall receive the higher rate of pay for all hours worked on the higher rated job.
All regularly assigned employees working in the recycling program or the trash/garbage program shall receive the laborer’s arte plus additional $.025 per hour for that day, including overtime. An employee shall be entitled to the additional $0.25 per hour if he works one (1) week on the trash/recycling truck prior to any personal day, holiday, or vacation day.
1. The Employer will schedule three (3) employees on a truck only during residential curb side collection for trash pick-up (at all times) and for recycling pick-up (only when there was no pick-up the preceding week) excluding all other operational public works services.
Shift differential shall be 5% increase per hour.
2. During weekly recycling collection, the Township can schedule two (2) employees on a recycling truck.
3. When a holiday falls during weekly recycling collection and there is no pick-up in one or more zones because of the holiday, the Township will schedule three (3) employees on a truck to pick-up the preceding week) excluding all other operational public works services.
4. At the discretion of the Township, four (4) trucks may be used for recycling collection.
In the event there are not enough trash or recycling employees to fill the position for any day, other laborers shall be given the first opportunity to work trash and or recycling.
Retroactive salary increases will be paid with the first regularly scheduled pay following the execution of this Agreement by both parties.
ARTICLE 12 – LONGEVITY
As of the date of execution of this Agreement, longevity shall be computed for employees in accordance with the following formula based upon years of interrupted service with the employer. There will also be a cap on longevity based on $30,000 annual income. effective date of this Agreement longevity is eliminated for all employees. Employees hired prior to the effective date of this Agreement shall have their base salaries increased by the one step above the longevity earned under the previous collective bargaining agreement.
0 through 5 years -0
End of 5th – 10th year -2% of base salary = $600.00
End of 10th – 15th year -4% of base salary = $1,200.00
End of 15th – 20th year -6% of base salary = $1,800.00
End of 20th – 25th year -8% of base salary = $2,400.00
End of 25th year and beyond -10% of base salary = $3,000.00
For employees hired on or after January 1, 2002, the rates and amounts for longevity shall be reduced by 50%. Accordingly, the longevity schedule for such new employees will be as follows:
0 through 5 years -0
End of 5th – 10th year -1% of base salary = $300.00
End of 10th – 15th year -2% of base salary = $600.00
End of 15th – 20th year -3% of base salary = $900.00
End of 20th – 25th year -4% of base salary = $1,200.00
End of 25th year and beyond -5% of base salary = $1,500.00
Employees will make arrangements to see the bookkeeping department, on company time, to discuss wages, bonds, etc. according to supervisor and in a reasonable manner.
ARTICLE 13 – BULLETIN BOARD
One bulletin board shall be made available by the Township at the following location: Road Department. This bulletin board may be utilized by the Union for the purpose of posting Union announcements and other information of a non-controversial nature. The department head or his representative may have removed from the bulletin board any material which does not conform with the intent and provisions of this article.
ARTICLE 14 – WORK RULES
The Township may adopt and post or otherwise disseminate such rules and regulations as it may desire, provided that the same are not contrary to this Agreement and further provided that the Union shall have the right to grieve with reference to the same within ten (10) days after the same are posted or disseminated and/or a copy sent to the Union.
Traffic tickets – The Township will pay all fines, if at fault, incurred while working.
Water coolers shall be on all trucks.
ARTICLE 15 – NO STRIKE PLEDGE
The Union covenants and agrees that during the term of this Agreement neither the Union nor any person acting in its behalf will cause, authorize or support, neither 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 of abstinence in whole or in part, from the full, faithful and proper performance of the employee’s duties of employment) work stoppage, slowdown, walkout or other job action against the Township. The Union agrees that such action would constitute a material breach of this Agreement.
In the event of a strike, slowdown, walkout or other job action, it is covenanted and agreed that participation in any such activity by a Union member shall entitle the Township to invoke the following: Such activity shall be deemed grounds for termination of employment of such employee or employees, subject however, to the application of the Civil Service Law.
The Union will actively discourage and will take whatever affirmative steps are necessary to prevent or terminate any strike, work stoppage, slowdown, walkout or other job action against the Township.
Nothing contained in this Agreement shall be construed to limit or restrict the Township in its rights 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 such breach by the Union or its members.
ARTICLE 16 – NON-DISCRIMINATION
There shall be no discrimination by the Township or the Union against any employee on account of race, color, creed, sex or national origin.
There shall be no discrimination, interference, restraint, or coercion by the Township or any of its representatives against any of the employees covered under this Agreement because of their membership or non-membership in the Union or because of any unlawful activities by such employees on behalf of the Union. The Union, its members and agents, shall not discriminate against, interfere with, restrain or coerce any employees covered under this Agreement who are not members of the Union and shall not solicit membership in the Union or the payment of dues during working hours.
ARTICLE 17 – DEDUCTIONS FORM SALARY
Employees have the right to join, not join, maintain, or cancel their membership in the Union at any time. Neither the Employer nor the Union shall exert any pressure upon, or discriminate against, any employee to influence the employee to join or not join the Union.
The Union is required to represent all employees in the bargaining unit fairly and equally.
The Employer shall deduct regular monthly dues from the pay of any Union member covered by this Agreement upon receipt of individual written authorization cards executed by an employee and bearing his signature. The Employer shall remit to the Union all such deductions prior to the end of the month from which the deduction is made.
1. In accordance with the New Jersey Employer-Employee Relations Act, Sec. 34:13A-5.4(2), the Employer agrees to deduct from the salary of employees who are not members of the Union an amount equal to 85 percent of the regular membership dues, fees and assessments as a representation fee. For present employees, such payments shall commence on the thirtieth day following the effective date of this Agreement, or on the date of execution of this Agreement, which ever is later; for the new employees, that payments hall start at thirty (30) days following the commencement of employment. The Employer shall remit to the Union all deductions prior to the end of the month for which such deductions are made.
2. Any employee who pays a representation fee in lieu of dues shall have the right t demand and receive from the Union a return of any part of the fee which represents the employee’s additional pro rata share of the Union’s expenditures in and of activities or causes of the partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any benefits available only to Union members. The pro rated share subject to refund shall not reflect the costs of support of lobbying activities designated to foster policy goals in collective negotiations and contract administration or to secure for the employees represented advantages in wages, hours or other conditions of employment in addition to those secured through collective bargaining with the Employer.
3. An employee requesting a partial refund of the representation fee shall notify the Union by certified or registered mail during the period between September 1st and September 30th of each year. Such notice shall specify the type of expenditures to which the employee objects. The approximate proportion of the representation fee spent by the Union for such purposes shall be determined annually after each fiscal year of the Union by the Union’s Secretary/Treasurer. Rebate of a pro-rated portion of the employee’s representation fee corresponding to such proportion shall thereafter be made to each individual who has timely filed a notice of objection.
4. If an objector is dissatisfied with the proportional allocation that has been determined on the grounds that it does not accurately reflect the expenditure of the Union in the defined area, the objector may appeal to the Local Union Executive Board within thirty (30) days following receipt of the rebate. The Executive Board must act on this appeal within thirty (30) days.
5. If an objector is dissatisfied with the Local Union Executive Board’s determination, the objector may appeal to a panel appointed by the Governor pursuant to Sec. 34:13A-4(3). In this proceeding, the Union shall bear the burden of proof in demonstrating the accuracy of its computations.
ARTICLE 18 – UNIFORMS
All mechanics shall have a complement of six (6) sets of uniforms paid for by the Township. All mechanics shall be entitled to the replacement of any worn-out uniform upon presentation to their department head of the uniform to be replaced so that their complement of six (6) uniforms shall remain intact.
All other employees shall be entitled to a complement of six (6) sets of uniforms paid for by the Township. All employees shall be entitled to the replacement of any worn-out uniform upon presentation to the department head so that there complement of six (6) uniforms shall remain intact. All employees shall be entitled to five (5) sets of “T” shirts per year with the Township logo.
All employees shall be entitled to a shoe allowance of $175.00 per year. Employees will buy their own boots (must be good leather boots). Upon presentation of a voucher and a receipt for the shoes to the Township Treasurer, they shall be reimbursed for the purchase of any work shoes up to a limit of $175.00 per year. If the Township can secure shoes at a cheaper rate by means of bulk purchase, and the Union agrees, shoes shall be supplied at the rate of two (2) pairs of shoes per man per year to a maximum of $175.00 per man. The allowance shall be $225.00 for 2009 and $275.00 for 2010.$425.00 per year as an all inclusive clothing, shoe, and cleaning allowance. The Township will discontinue providing uniforms, clothing, shoe allowances, cleaning services, etc. except as specifically provided in this Agreement. Employees shall be subject to the Dress Code attached as Schedule C.
All employees shall receive adequate foul weather clothing and replacements upon presentment of worn-out foul weather clothing. The Township shall provide winter gloves that are leather and water proof to a limit of two (2) per year on same terms above.
Shorts can be worn, as weather permits. Shorts must be blue uniform and knee length (for trash, recycling and groundkeepers only).
After the year 1982, employees shall receive one (1) winter jacket each year upon presentment of a worn-out jacket. Township agrees to arrange to have jackets available as needed.
The Union shall form a “Union Committee” to meet with the Superintendent of Public Works and the Township Manager. The Union Uniform Dress Code Committee shall make recommendations concerning any changes to the nature and costs of the uniforms to be purchased by the TownshipDress Code. The Township shall give the Union’s recommendations any possible consideration.
First aid kits shall be provided and maintained by the Rescue Squad for the garage and one in each vehicle.
Summer uniforms shall be supplied by May.
ARTICLE 19 – SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of such to any employee or group of employees is held invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provisions hall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE 20 – FULLY BARGAINIED PROVISIONS
This Agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with the respect to any such matter, whether or not covered by the Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Any benefits negotiated by other department above these, shall apply to this Agreement.
ARTICLE 21 – CREDIT UNION
The Employer agrees to make payroll deductions for Teamsters Local 676 Federal Credit Union purposes if the employee has provided the Employer with a signed card so authorizing. Such deductions will only be remitted to the Credit Union once a month.
ARTICLE 22 – TERM AND RENEWAL
This Agreement shall be in full force and effect as of January 1, 20082012, and shall remain in effect to and including December 31, 20102012. This Agreement shall continue in full force and effect from year to year thereafter, unless one party or the other gives notice, in writing, at least ninety (90) days prior to the expiration date of this Agreement of a desire to change, modify or terminate this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals at the Township of Lower, New Jersey this 2nd day of December , 2008.
For the Township of Lower For the Union
LOWER TOWNSHIP, NEW JERSEY Teamsters Local 676
Walt W. Craig, Mayor
Claudia R. Kammer, Clerk
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