AGREEMENT
BETWEEN
LOCAL NO. 20A
AND
JANUARY 1, 2005 through DECEMBER 31, 2008
TABLE
OF CONTENTS
ARTICLES OF AGREEMENT ...............................................................................................................
1
ARTICLE
1 RECOGNITION...............................................................................................................
2
ARTICLE 2
ASSOCIATION SECURITY/DUES CHECK-OFF/CREDIT UNION...............................................
3
ARTICLE 3 UNION NEGOTIATING AND
GRIEVANCE COMMITTEES....................................................
5
ARTICLE 4 ACTING APPOINTMENTS................................................................................................
7
ARTICLE 5 HOURS
OF WORK...........................................................................................................
9
ARTICLE 6 BULLETIN BOARDS: FMBA
VISITATIONS..........................................................................
11
ARTICLE 7 LEGAL ACTIONS AGAINST FIRE
FIGHTERS.......................................................................
12
ARTICLE 8 ACCESS TO PERSONNEL RECORDS.....................................................................................
13
ARTICLE 9
NO DISCRIMINATION AND COERCION..............................................................................
14
ARTICLE 10 MUTUAL AID................................................................................................................
15
ARTICLE
11 COMPENSATION............................................................................................................
16
ARTICLE 12 SCHOLASTIC CREDITS....................................................................................................
17
ARTICLE 13 LONGEVITY/PENSION.....................................................................................................
18
ARTICLE 14 CLOTHING AND EQUIPMENT MAINTENANCE
ALLOWANCES............................................
19
ARTICLE 15 HOLIDAYS/TIME-OFF UTILIZATION.................................................................................
21
ARTICLE 16 VACATIONS..................................................................................................................
24
ARTICLE 17 HEALTH & WELFARE INSURANCE...................................................................................
26
ARTICLE 18 FIRE OFFICER’S DUTIES..................................................................................................
27
ARTICLE 19 GRIEVANCE
PROCEDURE..............................................................................................
28
ARTICLE 20 ARBITRATION...............................................................................................................
30
ARTICLE 21 SENIORITY....................................................................................................................
31
ARTICLE 22 SICK LEAVE.................................................................................................................
33
ARTICLE 23 MANAGEMENT
RIGHTS AND RESPONSIBILITIES..............................................................
35
ARTICLE 24 OVERTIME....................................................................................................................
36
ARTICLE 25 PROMOTIONS................................................................................................................
38
ARTICLE 26 SAFETY AND HEALTH....................................................................................................
40
ARTICLE 27 FIRE OFFICER’S RIGHTS.................................................................................................
41
ARTICLE 28 BEREAVEMENT LEAVE.................................................................................................
43
ARTICLE 29 OUTSIDE WORK.............................................................................................................
44
ARTICLE 30 DISCHARGE,
DISCIPLINE OR SUSPENSION.......................................................................
45
ARTICLE 31 CONFORMITY
WITH TOWNSHIP CODE............................................................................
46
ARTICLE 32 FIRE
PREVENTION BUREAU...........................................................................................
47
ARTICLE 33 OUTSIDE EMPLOYMENT
ACTIVITIES...............................................................................
49
ARTICLE
34 MISCELLANEOUS..........................................................................................................
50
ARTICLE 35 MERIT COMMITTEE......................................................................................................
51
ARTICLE 36 DURATION OF AGREEMENT..........................................................................................
52
ARTICLE 37 SEVERABILITY..............................................................................................................
53
ARTICLE 38 FULLY BARGAINED
AGREEMENT..................................................................................
54
.......... APPENDIX “A” SALARY RANGES
2005-2008
ARTICLES OFAGREEMENT
THIS AGREEMENT, made this10 day of August, 2006, between the TOWNSHIP OF
MONTCLAIR, a municipality in the County of Essex and State of New Jersey
(hereafter referred to as the "Township" or "Employer") and LOCAL UNION 20A,
MONTCLAIR FIRE SUPERIOR OFFICERS ASSOCIATION, or its successor in interest
(hereafter referred to as the "Union", "Association" or
"FSOA").
WHEREAS, this Agreement is designed to maintain and promote a harmonious
relationship between the Township and such of its Employees of the uniformed
Fire Department who are within the provisions of this Agreement, through
collective negotiations, in order that more efficient and progressive public
service may be rendered; and
WHEREAS, the terms and conditions of employment, wages, fringe benefits,
grievance and arbitration procedures, and other provisions pertaining to working
conditions of Employees within the jurisdiction of the Union are hereby embodied
within the four corners of this Collective Negotiations
Agreement;
NOW, THEREFORE, in consideration of
the mutual promises herein contained and the receipt of other good and valuable
consideration, the receipt of which is hereby mutually acknowledged, it is
hereby mutually agreed, bargained, covenanted, and promised as
follows:
Section
1.
The Township hereby recognizes the Union as the sole and exclusive
representative of all Employees in the bargaining unit as defined in Article I,
Section 2, hereof for the purposes of collective negotiations concerning
salaries, hours and other terms and conditions of
employment.
Section
2.
The bargaining unit shall consist of all full-time and part-time fire superior
officers performing unit work or members of the Fire Department below the rank
of Deputy Chief, but including Battalion Chief, Captain and Lieutenant of the
Township of Montclair, New Jersey, now employed or hereafter
employed.
Section
3.
This Agreement shall be binding upon the parties hereto and their
successors.
Section
4.
Unless otherwise indicated, the terms "Fire Officer", "Employee", or
"Employees", when used in this Agreement, refer to all persons represented by
the
Section
5.
The Township and the Union hereby agree that the
Section
1. All Employees covered by
this Agreement who are members of the FSOA at the time this Agreement is
ratified, or who hereafter become members during the term of this Agreement,
must retain their membership in the Association for the duration of this
Agreement, in accordance with the terms noted in this paragraph, by offering to
pay regular monthly dues and initiation fees assessed against all members of the
FSOA. Any member may resign from the FSOA effective January 1 or July 1
annually, in accordance with the noted requirements of N.J.S.A.
52:14-15.9e, by filing a notice of withdrawal thereunder. In the event the
member fails to notify the Township on January 1 or July 1 of any year to cease
dues deductions, such deductions shall continue for six (6) month periods
thereafter. Notice of withdrawal must be submitted by the Employee to the
Union in writing and a copy thereof furnished to the
Section
2. The Employer agrees to
deduct from the salaries of its Employees who are members of the
Section
3.
Employees who elect not to become members of the
Section
4.
Payment of the representation fee in lieu of dues shall be made to the Union
during the term of this Agreement affecting such non-member Employees and during
the period, if any, between successive Agreements so providing, on or after, but
in no case sooner than the 30th day following the beginning of the Employee's
employment in the unit hereunder, and no sooner than the 10th day following
reentry into the appropriate unit for Employees who previously served in a
position included in the unit hereunder but who continued in the employ of the
Employer in an excluded position.
Section
5.
The Employer shall effect each Employee's request for Credit Union Check-off to
the
Section
6.
The Association shall indemnify, defend and save the Township harmless against
any and all claims, demands, suits or other forms of liability that shall arise
out of or by reason of action taken by the Township in reliance upon salary
deduction authorization cards as furnished by the Association to the Township,
or in reliance upon the official notification on the letterhead of the
Association signed by the president of the Association advising of such changed
deduction.
Section
7.
The Association shall provide the Township with its statutorily drafted demand
and return system.
Section
1.
The Employer shall permit members of the FSOA Grievance Committee (not to exceed
a total of three (3)) to conduct the business of the Committee, which consists
of investigating Employee grievances and conferring with Employees and the
Employer on grievances in accordance with the grievance procedure set forth
herein, and representing Employee interests arising from said grievances to the
Employer during the duty hours of the members without loss of pay or
compensatory time, provided the conduct of said business shall not diminish the
effectiveness of the Fire Department or require the recall of off-duty Fire
Officers to bring the Department to its proper effectiveness. Provided
that the same does not diminish the effectiveness of the Fire Department, the
Committee shall be permitted to conduct the business set forth herein in any
Fire House. The Chief shall be notified of meetings in
advance.
Section
2.
The Employer shall permit members of the FSOA Negotiation Committee to attend
collective negotiations meetings during the duty hours of the members.
However, only three (3) members of such Committee shall be permitted to attend
such meetings without loss of pay or compensatory time only if it does not
diminish the ranks.
Section
3.
The Employer agrees to grant the necessary time off without loss of pay or
compensatory time to the members of the FMBA elected as delegates to attend any
state convention of the N.J. Firemen's Mutual Benevolent Association, in
accordance with statute.
Section
4.
The Employer shall grant time off without loss of pay to the President of FSOA
and the Legislative Delegate to the New Jersey State FMBA, or alternate, to
conduct FSOA business and to attend State FMBA business functions which require
their attendance, The Employer further agrees that the said officials shall
be granted time off without loss of pay or compensatory time to attend, in an
official capacity as representatives of the FSOA, funerals for Firefighters who
have given their lives in the course of their duties as Firefighters, with
privileges of using a Fire car if possible, provided that such attendance does
not diminish the effectiveness of the Department.
Section
5.
The Executive Board of the Association shall be granted time off from duty,
provided it does not unduly interfere with the operation of the Department, and
shall suffer no loss of regular pay or compensatory time for meetings of the
Executive Board and the membership meetings of the FSOA when such meetings take
place at a time when such members are scheduled to be on
duty.
Section
1.
Whenever a member of the bargaining unit is required to serve as an Acting
Officer, which shall include the positions of Lieutenant, Captain, and the
Battalion Chief, the member shall be paid as follows:
A.
Short Term Acting - When a member of the bargaining unit is required to
serve as an acting officer to fill in for an officer on leave he/she will
receive the rate of pay in the first step of the rank immediately above his/her
own rank on an hour-for-hour (or part thereof) basis.
B.
Long Term Acting - When a member of the bargaining unit is required to
serve as an acting officer to fill in for an officer on terminal leave the next
person on the promotional list will serve in an acting capacity without pay
until the departing employee is no longer being paid. The acting officer's
seniority (including eligibility to move to the next step in the pay scale) in
the higher position begins from the time he/she first assumed the
position.
C.
The Township retains the right to determine when a vacancy exists and when an
acting officer is serving in a short term or long term acting capacity.
Once the Township determines to fill a long term acting position, the acting
officer is entitled to the promotion when the departing employee is off the
payroll.
i.
The person who served in the acting capacity will not vest in the retired
officer's position unless that person actually retires without
returning;
ii.
The person
who served in the acting position will be required to sit for the next
promotional procedure even if he or she is serving in the Long Term Acting
Position at the time that the next promotional procedure
commences;
iii.
If the retiring officer returns to duty before the results of a pending
promotional procedure have been finally determined, then the results of the new
procedure shall apply; if the retiring officer returns to duty after the results
of the pending promotional procedure have been finally determined, then the
officer who was in the Long Term Acting Position will be deemed to be vested in
the right to succeed to the next promotion available.
Section
2.
The Township reserves the right to assign whomever it so chooses to acting
officer positions.
Section 1. Excluding employees in the Fire
Prevention and Training Bureaus, the regular workweek will be a twenty-four (24)
hour tour of duty with a starting time of 8:00 a.m., followed by seventy-two
(72) hours off, with a workweek that
averages not more than forty-two (42) hours computed over an eight-week cycle.
The 24/72 work schedule was implemented on the major premises of and for the
objective of effectuating costs savings for the Township via reduced overtime
costs as caused by non-catastrophic/non-extraordinary utilization of sick leave
by bargaining unit members.
Therefore in order for this schedule to continue, this objective must
continue to be met. If the Township
can demonstrate that this objective is not being met, that shall cause to
re-open this contract for negotiation to resolve this issue and, if the parties
cannot come to agreement to resolve the issue, shall be subject to mediation and
arbitration at the initiation of either or both
parties.
The workweek
week for new hires and for any other employees for training purposes as the
Township determines is necessary, will be a forty-two (42) hour workweek with a
work schedule determined by the Chief.
Section
2. Notwithstanding
the requirements of the Fair Labor Standards Act as amended in 1974, it is
expressly agreed by and between the Union and the Employer that the
Section
3.
For the officer in charge of the Fire Alarm Bureau and training officer, the
normal work week shall be a four (4) day, ten (10) hour per day Monday through
Saturday work week, for a total of forty (40) hours, plus assigned duties, hours
and holidays, in accordance with Article 35, Section 4.
Section
4.
Present work schedules and practices in connection therewith shall be maintained
during the duration of this Agreement except as modified
herein.
Section
5.
The Battalion Chief or his/her designee in charge of each group shall establish
a roster of the Employees in his group on a seniority basis. Whenever
overtime work is required, it shall be rotated among Employees in the
roster. If an Employee refuses an assignment to work overtime, he/she
shall be considered as having such overtime assigned for the purpose of
maintaining a proper order of rotation for future assignment, Fire Officer for
Fire Officer.
Section
1.
Subject to prior approval of the Chief, which approval shall not be unreasonably
withheld, the Township shall permit the FSOA, through its President or his/her
designee, use of bulletin boards in each Fire House for the posting of notices
concerning FSOA business and activities affecting the welfare of FSOA members,
excluding political advertisements and notices.
Section
2.
A Fire Officer, member of the Grievance Committee, Negotiating Committee, and/or
Counsel for the FSOA or the FSOA's designee may enter the Fire Department at its
several locations at reasonable times during working hours for the purpose of
investigating facts relating to Employee grievances or other matters relating to
the operation of this Agreement. An Employee-grievant may be released with
pay from his/her duty in order to confer with such representative(s) of the
FSOA, subject to the reasonable scheduling demands of the
Employer.
Section
1.
The Township shall provide legal defense for any employee covered by this
Agreement in accordance with N.J.S.A. 40A:14-28.
Section
2.
All fees paid out under this Article shall be no larger than the Township
Attorney's hourly rate.
Section
1.
The Employer shall permit each Employee the right to fully inspect and examine,
without restriction, his personnel records at least once during each calendar
year, upon notice to the Employer. When an Employee wishes to view his/her
personnel file he/she must make a request to the Human Resources Office.
The Human Resources Office shall notify the requesting Employee in writing with
the date and time the Employee can review the file. A copy of the notice
shall be sent to the Fire Chief by the Human Resources Office. Such
inspection and examination shall take place in a private place provided by the
Employer at reasonable hours. The Employer may require that such
inspection and examination take place in the presence of the Human Resources
Director and/or his/her designee, and the Employee may, at his sole option, have
a third party of his choice present at such inspection. The Employee shall
be provided with copies of all or any items contained in and among his personnel
records at the Employer's expense, and upon the Employee's demand.
Employees can request copies within a reasonable time frame of items in their
personnel file. Employees will request that only necessary items will be
copied. When the Employee requests information to be included in their
personnel file, said request must be made through the Fire Chief.
All negative documentation going into the Employee's file will be initialed by
the Employee. The initialing by the Employee does not indicate concurrence
with the documentation, just the receipt of such documentation. The
Employee shall be given thirty (30) days from the date he initials material
placed in his file to rebut. Only the official personnel records, and no
others, shall be maintained for each Employee.
Section
2.
The Employer shall provide each Employee with access to his/her service and
medical records, and within a reasonable time following such Employee's request,
shall provide such Employee with a copy thereof.
There shall be no discrimination, interference or coercion by the Employer or by
any of its agents against the Union or against the Employees represented by the
Section
1.
Employee, while rendering aid to another community, shall be fully covered by
Workers Compensation and Liability Insurance, and pension benefits as provided
by State law. The expense for such coverage shall be provided in full by
the Employer.
Section
2.
The Employer and the
Section 1. -
Salaries: Wages shall
be paid to all employees covered by this Agreement in accordance
with Appendix “A” and made a part hereof.
This
2005-2008 Agreement between the Township and the FSOA Local 20A is predicated on
the understanding that there is no concept as to parity intended in the
establishment of wage rates.
Each further
step movement on the salary schedule shall be after successive one year
periods.
The foregoing annual rates for Lieutenant
through Battalion Chief include pay for seven (7) holidays with pay. In
addition to the foregoing, the same members of the Department will receive,
during the month of December, additional pay for seven (7)
holidays.
Section 2 -
Method of payment:
Wages, increments, bonuses, or differentials thereto shall be paid on alternate
Fridays. Compensation for overtime, holiday pay, or any other monetary
benefit, the time for payment of which is not otherwise provided for in this
Agreement, shall be paid on the next regular payday for the regular period
during which the overtime or holiday was worked, or during which the benefit
accrued.
Section
3.
The terms of this Agreement shall apply to those employees on the payroll
as of the date of the execution of this Agreement, as well as those who resigned
in good standing, retired or were on medical leave of absence from January
1,2005 to the date of execution of this Agreement. Persons who were terminated for cause or
who resigned not in good standing between January 1, 2005 and the date of
execution of this Agreement shall not be entitled to benefits
hereunder.
Section
3.
Fire Officers who have earned a Bachelor of Science Degree in Fire Science shall
receive, in addition to their regular annual salary, the sum of fifteen hundred
dollars ($1500) to be paid in the first pay period in June of each
year.
Section
4.
Fire Officers who have earned an Associates Degree in Fire Science prior to
August 27, 1981 shall receive, in addition to their regular annual salary, the
sum of nine hundred dollars ($900.00) to be paid in the first pay period in June
of each year.
Section
1.
A. All Employees hired prior to
January 1, 1995 covered by this Agreement shall be entitled to, and be paid,
longevity pay, computed as follows, and longevity compensation shall be paid to
each Employee in addition to his base salary:
YEARS
COMPLETED
PERCENTAGE OF BASE SALARY
Upon completing five (5)
years Two
percent (2%)
Upon completing ten (10)
years Four
percent (4%)
Upon completing fifteen (15)
years
Six percent (6%)
Upon completing twenty (20)
years
Eight percent (8%)
Upon completing twenty-four
(24)
years Ten
percent (10%)
B. All Employees hired on
or after January 1, 1995 covered by this Agreement shall be entitled to, and be
paid, longevity pay, computed as follows, and longevity compensation shall be
paid to each employee in addition to his base salary:
YEARS
COMPLETED
PERCENTAGE OF BASE SALARY
Upon completing five (5)
years
One and a half percent (1.5%)
Upon completing ten (10)
years Three
percent (3%)
Upon completing fifteen (15)
years
Four
and a half percent (4.5%)
Upon completing twenty (20)
years Six
percent (6%)
Upon
completing twenty-four (24)
years Seven and a half percent
(7.5)
Continuous
service, as that term is defined in Article 23 of this Agreement, with the Fire
Department and/or with the Township as part of the Police and Firefighter's
Retirement System shall be the basis for computing longevity
hereunder.
Section
2. Longevity compensation
shall be included with regular pay for purposes of computing each Employee's
pension entitlement.
Section
1.
The annual clothing allowance, which includes uniforms, personal ropes, lights ,
etc., shall be nine hundred eighty-six dollars ($986.00), payable in two (2)
equal installments, one (1) on May 1st and one (1) on November 1st in each year
for the years 2005.
Effective
2006 through 2008 the clothing allowance will be one thousand eighty-six dollars
($1086). Employees who retire from the Fire Department shall be entitled
to a pro-rated clothing allowance to the date of retirement, or to the date of
commencement of terminal leave, whichever is earlier. Employees who are
separated from the Department shall be entitled to a pro-rated clothing
allowance to the date of such separation for the year in which such separation
occurs.
Section
2.
Any uniform damaged in the line of duty which is not repairable will be replaced
by the Employer, provided that the Chief of the Department determines that such
uniform is not repairable, and provided further that such uniform was not near
ready for replacement through normal wear and tear. The parties agree that
the Township will continue per current practice to replace uniforms damaged in
the line of duty. Employees are responsible for replacing all items due to
wear and tear.
Section
3. Any personal items of a
Fire Officer damaged in the line of duty shall be replaced or repaired, as the
case may be, at the Employer's expense, provided that the cost of such
replacement or repair does not exceed one hundred dollars ($100.00). The
existing eyeglass program shall be one hundred dollars ($100.00). If
contact lenses need to replaced, there shall be a maximum of one hundred fifty
dollars ($150.00)
Section
4.
In the event the Employer orders a change in the standard uniforms or equipment
to be worn by some or all Fire Officers, the Employer shall issue such new item
or items to all present Fire Officers, and such item or items shall become part
of the standard issue to new Fire Officers.
Section
5.
The Employer shall provide the following protective gear to each Fire Officer:
(1) helmet and (2) boots and required Peosha equipment. Employees who purchase
approved leather boots in lieu of rubber boots issued by the employer shall be
reimbursed an amount equal to the cost to the Township of rubber
boots.
Section 6.
No payment shall be required under this Article if damage is due to Employee's
negligence.
Section
1. Every Employee covered by
this Agreement shall receive fourteen (14) paid holidays each calendar year in
addition to salary and other benefits. Seven (7) of the fourteen (14)
holidays shall be included with and paid at the officer’s daily rate, equally
distributed, as part of the regular bi-weekly compensation, for creditable
salary purposes only. Holiday pay shall not be included in the calculation for
any rates of pay, including, but not limited to, overtime rates, pay rates,
stipends, differentials and daily rates, other than base pay for pension
purposes. The remaining seven holidays shall be payable in time off and
in lieu of cash payment. These days may be accumulated and carried over
into the subsequent contract year in the event the Employer refuses to grant
said days when requested by an Employee. The parties hereto shall make
every effort to cooperate in order that these days will be scheduled during the
course of the calendar year. However, the Employer shall not dispense any
of these days or accumulated time owed unless specifically requested by the
Employee. For purposes of salary, a day shall be computed at ten-point
zero (10.0) hours.
In the event
that a work group has twenty-one (21) members assigned to it, the eighteenth
(18th) member shall be subject to recall and may be requested to
replace a member among the remaining seventeen(17) members in the group who is
otherwise unavailable, and time-off days shall not be guaranteed hereunder if
the number of employees in any group simultaneously on vacation brings the work
group to below a complement of seventeen (17) employees. The foregoing requirement to provide an
employee complement of seventeen (17) employees in any work group shall not be
construed, adopted, or accepted as a minimum manning standard by either party to
this agreement.
Section
2. In the event the Employer
shall declare, grant, or create paid holidays in excess of fourteen (14), after
due notice and negotiation with the Union, such additional holiday or holidays
shall be granted to all Fire Officers in the form of cash
payment.
Section
3. Every employee
covered under this Agreement shall be entitled to time off without loss of pay
pursuant to Section 1 hereof. Every
employee shall be entitled to utilize said time off in the following
manner: upon written notice, an
employee shall be guaranteed time off on the day requested without loss of pay
on a one-day-at-a-time basis in any given group through and including the
seventeenth (17) employee in the group, counting in reverse order commencing
with the maximum number of employees assigned to the group, provided that (a)
the request for time off be granted on a first-come, first-serve basis: (b) the
seventeenth (17) Firefighter shall be subject to recall and may be requested to
replace a Firefighter among the remaining sixteen (16) Firefighters in the group
who is otherwise unavailable, and (c) time-off days shall not be guaranteed
hereunder if the number of employees in any group simultaneously on vacation
brings the work group to below a complement of sixteen (16) employees. The foregoing requirement to provide an
employee complement of sixteen (16) employees in any work group shall not be
construed, adopted, or accepted as a minimum manning standard by either party of
this Agreement.
Fire
Officers may use TO days to attend to serious illnesses, pregnancies, or
childbirth in the Fire Officer's family or for family leave at the approval and
discretion of the Chief, which shall not be unreasonably withheld. The
Township agrees to allow each unit member to convert one Time-off day at a time
to TOT time (after they have exhausted their TOT time), to be used in accordance
with the use of TOT time. The time-off day for this purpose only, is set
at twelve (12) hours.
Section
4.
By December 31, each fire officer may elect for the following year to receive
one or more of the seven (7) T.O. holiday days as pay, payable either at the
time he/she takes vacation or in December, as he elects. In the event that
a fire officer designates a day as one to be used and does not use the day, then
and in that event the day shall be accumulated.
Section
5.
The observed holidays are as follows:
(1) New Years
Day (2) Martin
Luther King Birthday (3) (4)
Washington's Birthday (5) Good
Friday (6) Memorial
Day (7)
Independence Day |
(8) Labor
Day (9) Columbus
Day (10) Veteran's
Day (11) Thanksgiving
(12) Day after
Thanksgiving (13)
Christmas (14)Floating |
Section
1. All Employees covered by
the terms of this Agreement shall receive vacation with pay as set forth in the
following schedule:
YEARS OF
SERVICE
VACATION DAYS (Working days)
Less than One (1)
Three (3) days every three (3) months up to a maximum of eleven (11)
days
One(1)year
Eleven (11) days
Two
(2) years
Twelve (12)
Three
(3) years
Thirteen (13)
From 4
through completion of 5 years
Fourteen (14)
From 6
through completion of 11 years
Fifteen (15)
From 12
through completion of 17 years
Sixteen (16)
From 18
through completion of 24 years
Eighteen (18)
Twenty-five
(25)
Twenty (20)
Employees working a 24/72 work schedule must use two (2) vacation days to
cover one 24 hour work shift.
Section
2. In
addition to the above paid vacation days, employees in the following ranks are
entitled to the corresponding additional vacation days:
RANK
ADDITIONAL VACTION DAYS
Lieutenant
One (1)
Captain
Two (2)
Battalion Chief
Three (3)
Section
3. Vacation pay is computed on the basis of
length of service as that term is defined in Article14, Longevity, and Article
21, Seniority.
Section
4.
An Employee's total years of service shall be the basis for determining his
entitlement under Section One (1) hereof.
Section
5.
Vacation leave shall be taken during the calendar year within the year in which
vacation leave is earned at such time as permitted by the Chief of the Fire
Department.
Section
6.
Annual vacation leave may be carried forward to the next succeeding calendar
year only in the event the Employee's leave cannot be granted, or in the event
such Employee requests permission for personal reasons to carry the leave
forward and such permission is approved by the Township. Permission for
vacation carryover shall be subject to the approval of the Chief, which approval
shall not be unreasonably withheld. Employees who are on disability leave,
sick leave or line of duty leave shall be entitled to carry over annual vacation
leave to the next succeeding calendar year when such illness, injury or
disability interrupts their full use and enjoyment of their vacation entitlement
hereunder.
Section
7.
In the event an Employee is injured or becomes ill immediately prior to his
vacation, he shall not suffer any penalty, and his vacation shall be
rescheduled.
Section
8.
Employees shall be entitled to pro-rated vacation only during their first years
of service (probationary).
Section
9. The vacation schedule for
day men shall be as follows:
0-15 years
- 0
16-25 years
- One day
25+
- Two days
Section
1.
The Employer agrees to provide, at no cost to the employee coverage equal to or
better than, in sum, the State Health Benefit Plan for all employees and their
dependents as defined under the respective policies of insurance. The Employer also agrees to provide, at
no cost to the Employee, major medical insurance to all employees and his
dependents.
Section
2.
The FMBA agrees to take over the payments for the life insurance coverage
effective July 1, 1997.
Section
3.
The Employer shall provide, at no cost to the Employee, full-care dental
insurance coverage for each Employee and his/her dependents. An upgraded
dental plan shall be made available by the Township and may be selected with the
added cost assumed by the employee.
Section
4.
The Employer shall provide, at no cost to the Employee, short term disability
insurance coverage for each Employee under which the Employee shall be the
beneficiary. Such disability benefits shall be equal to sixty-six and
two-thirds (66-2/3) of a disabled Employee's basic weekly earnings, but not to
exceed Four Hundred and forty-four dollars ($444.00), with an exclusion period
of seven (7) days.
Section
5.
The Employer retains the right to change insurance carriers so long as
substantially similar benefits are provided. The Employer agrees to give
forty-five (45) days notice to the FSOA. The FSOA has the right to receive
all insurance information to review, related to the change, including but not
limited to the person to contact at the agency prior to the notice, such
person shall cooperate with the FSOA to provide such requested
information.
Section
6.
The Employer shall offer a Cafeteria Plan under Section 125 of the Internal
Revenue Code which will permit Employees to reduce their compensation to
reimburse non-covered medical, dental and dependent care expenses (i.e. those
expenses not covered by present insurance benefits). The Employer agrees
to administer the Plan in accordance with applicable laws. The Employer
will not match any monies paid by Employees to the Cafeteria
Plan.
Section
1.
Employees may be assigned to perform any duty related to fire fighting, fire
prevention, rescue, salvage, care and maintenance of fire fighting equipment,
apparatus, overhaul work, care, maintenance and housekeeping of fire
houses. It is understood that this will not encompass major construction,
plumbing, electrical, painting, carpentry, masonry or other such maintenance
work and mechanical work normally performed by Repair Bureau Employees or
non-negotiating unit Employees. However, unit Employees may be required to
perform minor repairs or maintenance work in the aforementioned categories on
Fire Department equipment or structures, at the direction of the
Chief.
Section
2. Fire Officers shall not
normally perform duties usually performed by members of the police
department.
Section
1.
A grievance shall be defined as (a) any complaint by an Employee with respect to
wages, hours of work, or other terms and conditions of employment, (b) any
complaint by an Employee that there has been, as to him/her, a violation,
misinterpretation, or misapplication of the provisions of this Agreement or of
any existing rule, regulation, or order of the Township.
Section
2.
In the event that an Employee wishes to file a grievance it shall be presented,
in writing, to the authorized Union representative, who shall then process the
grievance in accordance with the following Grievance
Procedure:
Step One: The President of the
Step
Two: If the grievance is not
resolved at Step One, the grievance shall be presented, in writing, to the
Township Manager or his designee. The Township Manager or his/her designee
shall meet with the Union representative within ten (10) calendar days of
presentation of the grievance and respond in writing within ten (10) calendar
days of the meeting.
Step
Three: If the grievance is not settled
to the satisfaction of the parties at Step Two of this Grievance Procedure the
Section
3.
Failure on the part of the Township to respond to the grievance within the time
limits set forth herein shall be deemed a denial and the
Section
4.
All Employees shall continue to observe all assignments and rules and
regulations during the pendency of a grievance and until it is fully determined,
except where an imminent danger to safety and health
exists.
Section
1.
Any grievance, as that term is defined in Article 19, or other matter in dispute
involving the interpretation or application of this Agreement, not settled by
the Grievance Procedure as herein provided, may be submitted to an arbitrator as
hereinafter provided.
Section
2.
Either party may institute arbitration proceedings when the Grievance Procedure
has been exhausted by written demand upon the other party specifying the nature
of the unsettled grievance or other matter in dispute. The party demanding
arbitration shall request the New Jersey Public Employment Relations Commission
or the New Jersey State Board of Mediation to appoint an arbitrator to hear the
arbitration in the manner set forth in the Rules and Regulations of either such
agency. Within thirty (30) calendar days of receipt of the
Employer's/
Section
3.
The decision of the arbitrator shall be in writing and shall include the reasons
for such finding and conclusion.
Section
4.
The decision of the Arbitrator shall be final and binding on the Employer and
Union, and enforceable under the laws of
Section
5.
The Arbitrator shall be empowered to hear and determine only grievances within
the scope of the definition of the term "grievance" under Section 1 of Article
19. The Arbitrator shall, in the performance of his duties, be bound by,
and comply with, the provisions of this Agreement. The Arbitrator shall
have no power to add to, delete from, or modify in anyway any of the provisions
of this Agreement. The Arbitrator’s decision shall be binding and in
writing, and shall set forth his/her opinions and conclusions on the issue
submitted. The Arbitrator shall have the power to make compensatory
awards, where necessary, to implement his/her decision.
Section
6.
The costs of the services of the Arbitrator for a grievance filed hereunder
shall be borne equally by the parties. The parties direct the Arbitrator
to decide, when asked, as a preliminary question, whether he/she has
jurisdiction to hear and decide the matter in
dispute.
Section 1 -
Definition:
The term "seniority" shall mean a Fire Officer's length of time in rank with the
Employer, including any service which must be credited under applicable state
law. "Length of time in rank" shall not be broken by (1) time lost due to
authorized leaves of absence or absence for a bona fide illness or
injury, certified by a physician, not in excess of one (1) year, such
certification shall be subject to review by a Township designated physician; (2)
layoff less than one year; or (3) vacation. Employees hereunder shall be
governed by seniority for purposes of lay-off and recall, scheduling of
vacations, and any other conditions of employment which, by custom, usage, and
past practice in the Township are so governed by seniority. In the case of
employees with the same promotion date, seniority will be determined by the
ranking of the employees on the promotional list from which they were
promoted. The employee with the
highest ranking on the list will be the most senior
employee.
Section 2 -
Lay-offs:
(a) In the event of lay-off, seniority shall be as
follows: First - by rank, and Second - Department-wide.
(b) When a lay-off occurs the least senior Fire Officer in the
classification affected shall be laid off
or demoted first. In the event such Fire Officer is more senior
than one or more Fire Officer's in a different classification, such Fire Officer
shall be permitted to bump the least senior Fire Officer in said different
classification.
(c) So long as one or more Fire Officers are on a lay-off
status, the Employer shall not:
(1) Hire any other Fire
Officers on either a temporary or permanent basis, or
(2) Direct any other
Employees outside of the recognized bargaining unit work, except in the case of
emergency other than an emergency created by the Employer's laying off Fire
Officers. For purposes of this subsection, "emergency" shall mean a
sudden, urgent, unforeseen occurrence or occasion requiring immediate action,
such as in the case of a fire or serious car accident.
Section 3 -
Recall:
(a) Fire Officers on lay-off status
shall be recalled in the inverse order of layoff.
(b) In the event of recall, the
Employer shall serve written notice, by registered mail, return receipt
requested (addressee only), upon the Union and the Fire Officers affected,
directing such Fire Officers to report back to work within fourteen (14) working
days after receipt.
Section
4.
Seniority shall be broken only under the following circumstances and
events:
(a) Voluntary
termination;
(b) Termination for just cause;
(c) Failure to report back to work within
fourteen (14) working days after receipt of notice of recall;
or
(d)
Layoff in excess of one (1) year.
Section
5.
The Employer shall provide the
Section
1.
(a)
All
Employees covered by this Agreement with the 24/72 work schedule shall receive
one hundred forty-four
(144) hours of sick leave each calendar
year to be used for non-occupational injury or
illness.
It is further agreed, however, that if the 24/72 shift is not continued at any
time, then sick time shall become one hundred and fifty-six (156) hours
annually. Effective January 1, 2000, the Township will award six (6) hours
bonus personal time for each calendar quarter of perfect attendance. (A calendar
quarter is defined as January-March, etc.) Additional bonus personal time
of twelve (12) hours will be awarded to employees with perfect attendance for
the full calendar year, for a maximum of thirty-six (36) personal hours earnable
in a year (i.e., six (6) hours for each quarter of perfect attendance and twelve
hours for perfect year). Personal hours shall be utilized in the same manner as
TO time.
The Township agrees that up to 60
(sixty) hours of sick time per year may be used for the care of an ill family
member.
(b)
Prior to January 1, 2000, unused sick
leave was accumulated as follows:
On December 31st of each year, any
unused sick leave for the preceding year shall be accumulated at the following
rates:
First ten (10) years
(including probationary
year)
50%
All other years of service
after the first ten (10)
years
100%
Effective
January 1, 2000, unused sick days earned after January 1, 2000 shall be
accumulated at 100%.
In the first week of January, or as soon
thereafter as is practicable, the Employer shall provide each Employee with a
written statement of account as to the number of sick leave days used in the
previous year and the balance of sick leave days accumulated through that
date. No accumulation shall be permitted by a probationary Employee who is
not appointed a regular member of the Fire
Department.
(c) Unused accumulated sick leave
shall be paid at the Employee's current rate at time of terminal leave to the
Firefighter or his estate, heirs, or next of kin at time of the Firefighter's
separation of employment due to illness, disability, retirement, or death.
The total accumulation of unused sick leave shall not is any event,
exceed:
Fire Officer whose employment commenced
on or after January 1, 1963 and up to
December 31,
1994
130 days
Fire Officers whose employment commenced
on or about January 1, 1995 130 days, but not to exceed
$13,000 in 2004.
In 2005
$13,520
In 2006
$14,041
In 2007
$14,603
In 2008
$15,187
Section
2. Fire Officers who are
injured or become ill due to job related reasons shall suffer no loss of pay,
nor shall sick leave be charged against them, until such Fire Officer’s begin to
receive disability retirement or until nine (9) months have passed from the date
of such Fire Officer's injuries or illnesses, whichever is earlier. Such
line of duty leave with pay shall be retroactive for those bargaining unit
Employees injured on or after January 1, 1984.
Section 3. Bereavement
leave shall be treated as leave independent of an Employee's annual leave or
sick leave.
Section 4. Sick pay shall
be computed by subtracting those days taken from scheduled work days
only.
A. The Employer 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, except as modified or limited by the terms of this Agreement,
including, but without limiting the generality of the foregoing the following
rights:
1. To make rules of procedure
and conduct and to direct and control the quantity and quality of the work
required, including the right to hire all Employees and to promote, transfer and
assign Employees, subject to the provisions of the collective negotiations
agreement.
2. To make such reasonable rules
and regulations as it may from time to time deem best for the purpose of
maintaining order and safety, and, after reasonable advance notice of the same
to Employees, to require compliance, all subject to the provisions of the
collective negotiations agreement.
3.
To take
appropriate disciplinary actions for good and just cause shown, subject to the
provisions of the collective negotiations agreement and of the laws of the State
of New Jersey and the United States.
Section 1. In the event
an Employee is directed by a superior or reasonably required by circumstances to
continue working after the completion of his/her regularly scheduled tour of
duty, any such work shall constitute overtime work which shall be compensated in
cash, at the rate of one and one-half (1 ˝) for each hour worked, with a minimum
guarantee of one (1) hour.
Section 2. Any Fire
Officer, who is required to or receives a request to return to work after
completion of his/her regularly scheduled shift and before beginning his next
regularly scheduled shift, shall be compensated for the first four (4) hours of
such overtime work, even though they are not continuous, in compensatory time at
the rate of one and one-half (1-1/2) hours for each overtime hour worked.
After a Fire Officer has accumulated four (4) hours in any given calendar year
of such overtime he/she will be compensated in cash at the rate of one and
one-half (1-1/2) times his/her regular hourly rate of pay. In no event
shall an Employee be paid in the form of compensatory time for overtime worked
in excess of three hours in any calendar year under this Section
2.
Section
3. Any Fire Officer who is
subpoenaed to appear before any Grand Jury, Juvenile Court or other court of
hearing at a time other than his/her regularly scheduled work shift, shall be
compensated at the premium rate of one and one-half (1-1/2) times his/her
regular hourly rate for all such hours.
Section 4. The
Township agrees that when possible training will be conducted when Fire Officers
are scheduled to be on duty. If training is mandated when a Fire Officer
is scheduled to be off he/she will be paid at time and one-half. The
Township agrees to reimburse expenses in accordance with Township reimbursement
policy.
Section
5. With prior approval of
the Fire Chief, Employees may receive compensatory time at a time and one-half
hourly rate for attendance at training classes and meetings related to their
firefighting duties for which overtime pay is not available. Compensatory
time must be used in the year earned unless the Employee requests the use of the
time and it is disapproved by the Township. In such an event, compensatory
time can be carried over only to the following year. In no event can more
than fifty (50) hours of compensatory time be accumulated at any one time under
this Section 5. Compensatory time not used as set forth above will be lost
and the Township shall have the right to order the Employee to utilize the
time. Compensatory time will be taken only when its use will not result in
overtime or cause the Township to go below its minimum manning levels.
Compensatory time will be used by the Employees as set forth above, not paid in
cash.
Section 6. Any
Fire Officer, who is required to appear at a Municipal court at a time other
than his/her regularly scheduled work shift, shall be compensated at his regular
hourly rate for all such hours, with a minimum guarantee of two (2) hours
pay.
Section 1 - Promotional
Positions: "Promotional
positions" shall be defined as positions which pay a special salary
differential, which involve, in part or in full, the performance of supervisory
or administrative duties, and which include the positions of Lieutenant,
Captain, and the Battalion Chief.
Section 2 - Notice of
Vacancies: The
Employer shall prominently post, on a bulletin board designated for this
purpose, all openings for promotional positions as defined herein. The
notice of any vacancy shall clearly state all qualifications, descriptions,
requirements, duties, and any other pertinent information respecting the
vacancy. Said notice shall also include the salary to be paid in such
position.
Section 3. All notice of
vacancies shall be posted, and otherwise publicized, no less than one (1) month
prior to the time at which the receiving of applications for said vacancies is
closed.
Section 4. The right to
apply and compete for any and all promotional positions shall be open to all
Employees who meet the qualifications and requirements of any or all of the
respective positions to be filled.
Section 5 - Promotional Procedures: The Employer
and the
Section 6.
The right to establish examination criteria, and to make promotions based on
those criteria, is solely the prerogative of the Township
Manager.
Section
7. Whenever a promotional
examination or procedure is given in the Township Fire Department, the following
procedures shall control:
(a) Prior to conducting such examination, the Employer shall
inform the
(b) The Employer shall give due consideration to the
objections, comments and suggestions of the
(c) Failure to comply with (a) and (b) above, shall
render the examination null and void;
(d) After the examination,
every employee taking the examination shall have the right to review his/her own
test score or rating, and shall have the right to know how his/her score on each
portion of the examination compares with other employees who participated in the
examination and received promotions as a result thereof.
The Employer and the
Section 1. Employees
covered by this Agreement hold a unique status as public officers in that the
nature of their office and employment involves the exercise of a portion of the
police powers of the municipality. The wide-ranging powers and duties
given to the Fire Department and its members involve them in all manners of
contacts and relationships with the public. Out of these contacts may come
questions concerning the actions of the members of the Department. These
questions may require investigations by supervisory personnel. In an
effort to ensure that these investigations are conducted in a manner which is
conducive to good order and discipline, and once the investigation enters an
accusatory state or when written reports are required, the following rules are
hereby adopted:
(a) The interrogation of an Employee
shall be at a reasonable hour, preferably when the member involved is on
duty.
(b) The Employee shall be informed of
the nature of the investigation before the interrogation commences, including
the name of the complainant. Sufficient information to reasonably apprise
the Employee of the allegations shall be provided. If it is known that the
Employee is being interrogated as a witness only, he/she shall be so informed at
the initial contact.
(c) The questioning shall be
reasonable in length. The Employee shall be entitled to have a Union
representative, the
(d)
The complete interrogation of the Employee shall be recorded mechanically or by
a Department stenographer. There will be no "Off the Record"
questions. All recesses called during the questioning shall be
recorded.
(e) The Employee shall not be subject
to any offensive language, nor shall he/she be threatened with transfer,
dismissal or other disciplinary punishment. No promise of reward shall be
made as an inducement to answering questions.
(f) If an Employee is under
arrest or is likely to be that is, if he/she is a suspect or the target or a
criminal investigation, he/she shall be given his/her rights pursuant to
law.
(g) In all cases and in every stage of
the foregoing proceedings, the Department shall afford the Employee every
opportunity to confer with counsel and/or his/her Union representative, before
being questioned concerning a violation of rules and regulations during the
interrogation.
(h) The Employees covered by the terms
of this Agreement shall have the right to refuse to answer any questions or to
submit any reports which, as a result of said answers to said questions or
reports, may permit disciplinary action to be taken against said Employees until
such Employees are able to consult with counsel and/or his/her Union
representative. However, reports must be filed before the Fire Officer
goes off duty, unless permission is otherwise provided by the Chief or the Fire
Officer is otherwise incapacitated.
(i)
Nothing
contained herein shall grant the Employee any more rights than an ordinary
citizen.
Section 1. The Employer
agrees that each Employee covered by this Agreement shall be permitted
bereavement leave with pay not to exceed five (5) calendar days usually
beginning with the date of death of a member of his family. For purposes
of this Article immediate family shall include the Employee's current spouse,
child, brother, sister, mother, father, stepmother, stepfather, current
mother-in-law or current father-in-law, grandparents, or any person making his
home with the Employee's family to such degree as to cause him or her to be
considered or regarded as member of the family. In the event of the death
of an Employee's relative of a more remote degree, such as an uncle, aunt,
nephew, niece or cousin, a special leave of no more than 24 hours may be granted
upon proper application to the Chief of the Fire
Department.
Section 2. Bereavement
leave shall be treated as exclusive and independent of an Employee's annual
leave, vacation or sick leave.
Section 3. Reasonable
verification of event may be required by the
Employer.
Whenever a request for coverage by Firefighters is made by citizens or
governmental agencies, and such work is deemed to be outside the normal Fire
Department functions and to be paid by the requesting party, then the following
procedures shall apply:
(a) A list for volunteers shall be
first posted at the first change of shift from day to evening shift following
receipt of the request;
(b) All Fire Officers who wish to
perform such work must personally sign such sign-up list;
and
(c) Whenever reasonably possible, all
Fire Officers wishing to perform this type of work shall be given an equal
opportunity at obtaining it and in the event more than the necessary number of
Fire Officers sign up, those excluded shall be given a preference for subsequent
job offers.
(d) A private Employer may request a
Fire Officer/Fire Officers of the private Employer's choice provided said Fire
Officer/Fire Officers are available for the assignment and provided further that
notice of such private outside employment is posted pursuant to subsection (a)
of this Article.
(e) Whenever Fire Officers in the unit
are assigned to "fire watch" detail which detail is paid by the owner of the
property or insurance company, the rate charged to the third party will be
thirty dollars ($30.00) per hour representing a rate of twenty-six dollars
($26.00) per hour to the Fire Officer with an administration fee of four dollars
($4.00) per hour payable to the Township. Payment will be in accordance
with the payroll system in effect for police outside
work.
Section 1. No Employee
shall be disciplined, suspended or discharged without just
cause.
Section 2. The provisions
hereof shall not apply to probationary Employees.
Section 3. Minor
discipline, defined as discipline of less than a suspension, i.e. reprimand,
either written or oral, shall be subject to the Grievance and Arbitration
Procedures set forth in Articles 19 and
20.
ARTICLE
31
The Employer shall forthwith take necessary steps to amend the Township
Administrative Code and the Revised General ordinances of the
Section 1. Effective upon the signing of this Agreement, the
Township will create a "Fire Prevention Bureau" ("FPB") with the express
understanding that assignment to the FPB will be a "career
path".
Section 2. The FPB will have three positions, the highest two of
which will be regarded as "promotions" within the Bureau and the lowest one
being deemed to be an assignment:
Fire Official
Supervising Fire Inspector, and
Fire Inspector.
The Fire Official, will report directly to the Chief or his
designee.
Section 3. Annual pay for the three positions will be as
follows:
Fire Official
Captain's Pay
Supervising Fire Inspector
Lieutenant's Pay
Fire Inspector
Firefighter's Pay
The Fire Inspector's designation will be treated as a temporary
assignment. Assignment above Fire Inspector shall be deemed to be a
promotion. A person filling the position of Fire Official or Supervising
Fire Inspector will be permitted a transfer back into the normal chain of
command of the Fire Suppression Group by reverting back to that person's last
position in the Department prior to entry into the FPB at the rate of pay for
that position. The Fire Prevention Inspector will receive an annual stipend in
the amount of $1,600 in addition to his/her regular
salary.
Section 4. All members of the FPB will work a four day, ten hour
per day, 40 hour work week. Each person in the FPB will arrange their
schedule on a "flex" basis, i.e., the schedule can be modified as to the days
and as to the number of hours worked in a day, provided that the schedule is
approved in advance by the Fire Official subject to the approval of the Fire
Chief.
Section 5. An Employee in
the position of Supervising Fire Inspector who passes a promotional examination
and is therefore ranked on the promotional list who is subsequently offered the
promotion, but turns down the promotion to retain his/her position as
Supervising Fire Inspector, has the right during the life of the promotional
list only, to claim the next vacancy in that position provided he/she gives the
Employer six months written notice and the Employer determines to fill the
vacancy.
A. Employees shall be entitled to
engage in any lawful activity and obtain any lawful work while
off-duty.
B. It is understood that the
full-time Employees will consider their position with the Township as their
primary employment. Any outside employment or activity must not interfere
with the Employee's efficiency in his position with the Township and must not
constitute any conflict of interest.
C.
No Employees
planning to or engaging in any outside employment or activity during their
off-duty hours shall be permitted to wear the regulation uniform without
permission of the Fire Chief.
A member of the unit can arrange a switch of schedules provided advance notice
is given (by way of written memorandum signed by both members in the form set by
the Township) and the notice is also signed by the Battalion Chief for the tour
of duty which the switch will affect, who will provide a copy to the Battalion
Chief of the tour of the member who is working the switch. It is the
responsibility of both Fire Fighters/Fire Officers involved in the ETD to be
professional and responsible in the use of ETD time. The person "filling
in" retains his/her rights to contractual leave, but must notify the Township as
soon as possible after he/she is aware of a problem in working the ETD
time.
In no event shall ETD be allowed for more that four (4) days in a row unless
approved by the Chief. The parties understand that abuse of ETD time is
indicated by too much usage, failure to appear and failure to give adequate
notice. The Township expressly reserves the right to review this provision
in the negotiations for a successor agreement.
The parties shall form a joint committee, with equal membership from management
and the union, to study the issue of merit incentives to recommend a
system.
Section 1. The terms of
this Agreement shall commence January 1, 2005 and extend through the later of
December 31, 2008 or the date on which a substitute Agreement is negotiated and
executed. Either party wishing to terminate, amend or modify such contract
shall so notify the other party in writing in accordance with the Rules and
Regulations of the Public Employment Relations Commission of the State of
Section 2. This Agreement
shall remain in full force and effect on a day-to-day basis during collective
negotiations between the parties extending beyond the date of expiration set
forth herein, unless and until either party serves the other with written notice
of termination ten (10) days following receipt of such notice under Section 1 of
this Article.
Section 3. When a new
Agreement is reached under this Article, a typed Agreement shall be prepared by
the Employer within twenty (20) days thereof. After delivery of the
proposed Agreement, the
In the event that any provision of this Agreement is hereinafter rendered
invalid by operation of law, it is understood that such provision is severable
from the rest of this Agreement, which shall remain in full force and
effect.
This Agreement represents and incorporates the complete and final understanding
and settlement by the parties of all bargaining 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 respect to any such matter,
whether or not covered by this Agreement, and whether or not within the
knowledge or contemplation of either or both parties at the time they negotiated
or signed this Agreement, except for the following. In the event that the
Township should determine to enter into additional agreements to provide fire
services with any municipality then the parties agree to negotiate the effect of
such agreement as may be required by law.
IN WITNESS WHEREOF the parties have hereunto affixed their
signatures.
For the Employer, Township
of
For the
By:
By:
Dated: 8/10/06
Dated: 8/10/06