35
Agreement between
The Township of Deptford
Gloucester County, New Jersey
and
Gloucester County Uniformed
Fire Fighters Association
International Association of Fire Fighters
Local 3592
A.F.L.- C.I.O.-C.L.C.
Emergency Medical Technicians
January 1, 2007 through December 31, 2010
PREAMBLE
THIS AGREEMENT is entered into this day of May, 2008 by and between the TOWNSHIP OF DEPTFORD, in the County of Gloucester, New Jersey, a municipal body of the State of New Jersey, hereinafter called the “Township”, and GLOUCESTER COUNTY UNIFORMED FIRE FIGHTERS ASSOCIATION, I.A.F.F. LOCAL NO. 3592, A.F.L. - C.I.O./C.L.C., hereinafter called the “Association”, represents the complete and final understanding on all bargaining issues between the Township and the Association.
PURPOSE
THIS AGREEMENT is entered into between the Township and the Association, to promote and ensure harmonious relations, cooperation, and understanding between the Township and its Association represented employees; to provide for the resolution of legitimate grievances; all in order that the public service shall be expedited and effectuated in the best interests of the residents of the Township of Deptford and its employees.
ARTICLE I
RECOGNITION
A. In accordance with the voluntary recognition pursuant to a “card check”, the Township recognizes the Association as the exclusive collective negotiations agent for all paid full time Emergency Medical Technicians employed by the Township.
B. Unless otherwise indicated, the terms “Emergency Medical Technician”, “employee” or “employees”, when used in this Agreement, refer to people, male or female, represented by the Association in the above defined negotiating unit.
ARTICLE II
NON-DISCRIMINATION
A. The Township and the Association agree that there shall be no discrimination against any employee because of race, creed, color, religion, sex, national origin or political affiliation.
B. The Township and the Association agree that all employees covered under this Agreement have the right without fear of penalty or reprisal to form, join, and assist any employee organization or to refrain from any such activity. There shall be no discrimination by the Township or the Association against any employee because of the employees’ membership or non-membership or activity or non-activity in the Association.
ARTICLE III
ASSOCIATION RIGHTS AND RESPONSIBILITIES
A. Official representatives of the Association will be granted administrative leave with pay to attend the annual conventions of the Professional Firefighters Association of New Jersey and the International Association of Fire Fighters. The leave will be for a period inclusive of the duration of the convention with reasonable time permitted for travel to and from the conventions.
B. Two (2) authorized Association Representatives shall be excused without loss of pay from their normal duties to participate in negotiations for the renewal of this Agreement or the executive of a new agreement for this unit. Upon the request of the Association President, such representatives will also be reasonably excused without loss of pay to participate in other meetings related to collective bargaining. Such representatives shall attend negotiations, and other meeting sessions, if on duty, in the appropriate uniform and be available for duty in the event the need arises.
C. Copies of disciplinary charges, or other notices relating to disciplinary action, shall be furnished to the Association upon written authorization to the Township by the employee within a reasonable period of time thereafter. The Township shall maintain a file of written refusals by the employees to authorize the Township to forward such documents to the Association. Copies of all disciplinary charges or notices relating to disciplinary action against any member or non-member shall be furnished to the President or Shop Steward of the Association within seventy-two (72) hours of the presentation of charges.
D. The Association will be responsible for acquainting its members with the provisions of this Agreement, and shall be responsible insofar as possible for the adherence to the terms of this Agreement by such members, and the Association recognizes that the conditions set forth in this article shall be subject to the mission of the Township.
E. Whenever an employee is to be questioned and he is being considered a “target” for possible disciplinary action, he shall have the right to request a representative of the Association be present at all stages of questioning. If an employee requests and is denied representation at any stage of the questioning, any statements made by the employee or “fruits” derived there from cannot be used against said employee to support disciplinary action.
F. Authorized representatives of the Association, whose names shall be filed in writing with the Township, or its designee, shall be permitted to visit any facility within Deptford Township for the purpose of processing or investigating grievances, provided that prior approval has been secured from the Director of Emergency Medical Services, or such other individuals designated by the Township in writing to perform such task, on condition that such prior approval shall not be unreasonably withheld. The Association representative shall not interfere with the normal conduct of work within the facility.
G. In addition to the foregoing, if the State Delegate is elected from this bargaining unit, the Delegate will receive a maximum of nine (9) days annually without
loss of pay to attend the monthly State meeting. In order to receive said leave, the
Delegate must give the Director of Emergency Medical Services a minimum of two (2)
weeks prior written notice and must be scheduled to work on the day and time of the State monthly meeting.
H. Upon the request of the Association President, on duty employees shall be reasonably permitted to attend and participate in bargaining unit meetings without loss of pay when such bargaining unit meetings are held at a location mutually agreed upon by the Association and the Township. All on duty employees shall attend and participate in the appropriate uniform and be available for duty in the event the need arises.
I. In addition to the foregoing, union representatives will receive relief from duty with full pay for the purpose of attending to contract administration, grievance processing or other union business relating to the Township on an as needed basis. The member requesting relief must make application to the Police Chief or his designee as soon as reasonably possible. Such request will not be unreasonably denied.
ARTICLE IV
MANAGEMENT RIGHTS AND RESPONSIBILITIES
A. The Township hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey and the United States, including, but not limiting, the generality of the foregoing, the following rights:
1. To the executive management and administrative control of the Township and its properties and facilities and the activities of its employees by utilizing personnel, methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Township.
2. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, to decide the number of the employees needed for any particular time and to be in sole charge of the quality and quantity of work required.
3. The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, safety and/or the effective operation of the Department after advance notice thereof to the employees is recognized.
4. To hire all employees, to promote, transfer, assign or retain employees in positions with the Township.
5. To suspend, demote, discharge, or take any other appropriate disciplinary action against any employee for good, and just cause according to the law, and subject to the grievance procedure.
6. To lay off employees in the event of lack of work or funds or other conditions where continuation of such work would be inefficient and non-productive, so long as such lack of work or funds is bona fide.
B. Pursuant to the laws of the State of New Jersey and of the United States, the
exercise of the foregoing powers, rights, authority, duties or responsibilities of the Township, the adoption of policies, rules, regulations and practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms of this Agreement, and then only to the extent such terms hereof are in conformance with the Constitution and laws of New Jersey and of the United States.
ARTICLE V
GRIEVANCE PROCEDURE
A. Purpose
1. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement.
2. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Township staff.
3. Nothing herein shall be deemed to deny the employees of their statutory or other legal rights concerning discipline. Nothing herein shall be deemed to deny employees their rights to pursue any other statutory or legal remedies in lieu of resorting to the grievance procedure.
B. Definition
The term “grievance” as used herein means any controversy arising over the interpretation, application or alleged violation of policies, procedures, contractual agreements, and administrative decisions affecting the terms and conditions of employment, and shall be raised by the Association on behalf of an individual or group of individuals.
C. Steps of the Grievance Procedure
In order to resolve grievances covered by this Agreement between the parties, this procedure shall be followed unless any step is waived by mutual consent:
Step One:
An aggrieved employee or employees shall institute action under the provision hereof within fifteen (15) calendar days of the occurrence of the event-giving rise to the grievance. Action is instituted by filing a grievance with the Association Grievance Committee. Failure to act within said fifteen (15) calendar days shall be deemed to constitute an abandonment of the grievance.
Within fifteen (15) calendar days after the grievance has been filed and before an effort is made to settle the matter, the Association Grievance Committee shall screen and study the grievance to determine whether it has or lacks merit. Such processing of grievances shall take place without discrimination and irrespective of membership or affiliation with the Association. Upon finding of merit or non-merit, the Association Grievance Committee shall present written confirmation of such determination to the Police Chief with request that the Police Chief investigate and resolve same, if required. If the resolution of the grievance has not been reached within fifteen (15) working days of the submission to the Police Chief, the grievance may proceed to Step Two.
Step Two:
1. In the event a satisfactory settlement has not been reached at Step One, the Association may, within ten (10) calendar days of the Police Chiefs’ or a Director of Emergency Medical Services decision, file its written grievance with the Township Manager. This presentation shall include copies of all previous correspondence relating to the matter in dispute.
2. The Township Manager or his designee shall review the decision of the Police Chief, and, within ten (10) calendar days from receipt of the grievance, make a written determination.
Step Three:
1. In the event the grievance has not been resolved in Step Two, the Association may, within thirty (30) calendar days of the Township Manager’s decision, request arbitration. The arbitrator shall be chosen in accordance with the rules of Public Employment Relations Commission (PERC).
2. However, no arbitration hearing shall be scheduled sooner than thirty (30) calendar days after the final decision by the Township Manager. In the event that the aggrieved elects to pursue other remedies, the arbitration hearing shall be canceled and the matter withdrawn from arbitration. The Association shall pay whatever costs it may incur in processing the case to arbitration.
D. Arbitration
1. The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to them involved in the grievance. In formulating their decision, the arbitrator shall adhere to the statutory and case law of New Jersey and the United States where applicable. The arbitrator shall not have the authority to add to, modify, subtract 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.
2. The costs for the services of the arbitrator shall be borne equally by the Township and the Association. Any other expenses incurred, including but not limited to the presentation of witnesses, shall be paid by the party incurring the same.
3. The arbitrator shall set forth his findings of fact and reasons for making the award within thirty (30) days after the conclusion of the arbitrator hearing unless agreed to otherwise by the parties.
E. Group grievances
Shall be defined as those affecting “substantially” all of the members of the Association shall be filed by the Association, and the Association only, at Step Two.
F. Time limits
The time limits expressed herein shall be strictly adhered to. If any grievance has not been initiated within the time limits specified, the grievance shall be deemed to be conclusive. If any grievance is not processed to the next succeeding Step in the grievance procedure within the time limits prescribed thereunder, then the disposition of the grievance at the last Step shall be deemed conclusive. Nothing herein shall prevent the parties from mutually agreeing to extend or shorten the time limits for processing the grievance at any Step in the grievance procedure.
ARTICLE VI
MAINTENANCE OF OPERATIONS
A. It is recognized that the need for continued and uninterrupted operation of the Township’s Departments and Agencies is of paramount importance to the citizens of the community, and that there should be no interference with such operations.
B. Neither the Association nor any person acting on its behalf will cause, authorize, engage in, sanction, assist or support, nor will any of its members take part in, any strike (i.e., the concerted failure to report for duty, or stoppage of work, in whole or in part, from the full, faithful and proper performance of the employees’ duties of employment), work stoppage, slowdown, sick out, walk out or other illegal job action against the Township.
C. The Association agrees that it will do everything in its power to prevent its members from participating in any strike, work stoppage, slowdown or other activities aforementioned, or support any action by any other employee or group of employees of the Township.
D. Nothing contained in this Agreement shall be construed to limit or restrict the Township in its right to seek and obtain such judicial relief as it may be entitled to have in law or equity for injunction or damages, or both, in the event of such breach by the Association or its members.
E. The Police Chief and all officers shall exercise their supervisory duties faithfully, irrespective of the fact that the employees are covered by this Agreement, and they shall be objective in their dealings with all personnel subordinate to them, irrespective of their affiliation with the Association.
ARTICLE VII
DUES, DEDUCTIONS, AND AGENCY SHOP
A. The Township agrees to deduct from the salaries of its employees, subject to
this Agreement, dues for the Association. Such deduction shall be made in compliance with Chapter 123, Public Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as amended.
B. A check-off shall commence for each employee that signs a properly dated authorization card, supplied by the Association and verified by the Chief Finance Officer during the month following the filing of such card with the Township.
C. If during the life of this Agreement there shall be any change in the rate of membership dues, the Association shall furnish the Township written notice thirty (30) days prior to the effective date of such change and shall furnish the Township either new authorizations from its members showing the authorized deductions of each employee, or an official notification on the letterhead of the Association and signed by the President of the Association advising of such changed deduction.
D. The Association will provide the necessary “check-off authorization” form and the Association will secure the signatures of its members on the forms and deliver the signed forms to the Chief Finance Officer.
E. Any such written authorization may only be withdrawn between the period of the 1st of April and the 30th of June by filing a withdrawal notice with the Chief Finance Officer. The filing of notice of withdrawal shall be effective to halt deductions in accordance with N.J.S.A. 52:14-15.9e, as amended.
F. The Township agrees to deduct the fair share fee from the earnings of those employees who elect not to become a member of the Association and transmit the fee to the majority representative.
1. The deduction shall commence for each employee who elects not to become a member of the Association during the month following written notice from the Association of the amount of the fair share assessment. A copy of the written notice of the amount of the fair share assessment must also be furnished to the New Jersey Public Employment Relations Commission.
2. The fair share fee for services rendered by the Association shall be in the amount equal to the regular membership dues, initiation fees and assessments of the Association, less the costs of benefits financed through the dues and available only to the members of the Association, but in no event shall the fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.
3. The sum representing the fair share fee shall not reflect the costs of financial support of political causes or candidates, except to the extent that is necessary for the Association to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract administration, and to secure for the employees it represents advances in wages, hours and other conditions of employment which ordinarily cannot be secured through collective negotiations with the Township.
4. Prior to January 1st and July 31st of each year, the Association, if there is a change in the cost of membership, shall provide advance written notice to the Township and any non-member of such increase. Upon written request, any information necessary to compute or validate the fair share fee for services enumerated above will be forwarded to the Township or employee requesting same.
5. The Association shall establish and maintain a procedure whereby any employee can challenge the assessment as computed by the Association, This appeal procedure shall in no way involve the Township or require the Township to take any action other than to hold the fee in escrow pending resolution of the appeal.
G. 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 or the fair share assessment information as furnished by the Association to the Township, or in reliance upon the official notification on the letterhead of the Association and signed by the President of the Association, advising of such changed deduction.
ARTICLE VIII
EMPLOYEE RIGHTS AND PRIVILEGES
A. Nothing contained herein shall be construed to deny or restrict any employee such rights as he or she may have under New Jersey laws or other applicable laws and regulations, the rights granted to employees hereunder shall be deemed to be in addition to those provided elsewhere.
B. No employee shall be disciplined, reduced in rank or compensation without just cause. Any such action asserted by the Township or any agent or representative thereof shall not be made public and shall be subject to the grievance procedure herein set forth.
C. Whenever an employee is required to appear before any Supervisor, Police Chief, Township Counsel or Township Representative concerning any matter which could adversely affect the continuation of that employee in their position, employment, or the salary or any increments pertaining thereto, then he or she shall be given prior written notice of the reasons of such meeting or interview and shall be entitled to have a representative of the Local present to advise them and represent them during such meeting or interview.
D. Any employee whose action may give rise to charges by the Township or any agent or representative thereof, either discipline or criminal, shall be advised prior to any hearing or meeting with any agent or agents of the Township or Department. The affected employee shall be afforded all rights pursuant to U.S.S.C. decisions under Weingarten. No statement shall be given without first advising the affected employee of the matter or matters for which he or she is under investigation. The employee shall have full access to counsel in any hearing or internal investigation scheduled by the Township.
E. 1. Proposed new rules or modifications of existing rules covering negotiable working conditions shall be negotiated with the Association before they are established.
2. All written rules and regulations shall be provided to the employees immediately upon promulgation.
ARTICLE IX
HOURS AND OVERTIME
A. The normal work week for Emergency Medical Technicians will be eighty (80) hours in a two week period. The scheduled hours of work may vary from time to time to meet the needs of the Township. Nothing in this Agreement shall be construed as providing a guaranteed work day or work week.
B. Except in emergencies, the scheduled hours of work shall be posted at least seventy-two (72) hours in advance. This provision shall not be construed to restrict the Township’s right to scheduled compensatory time.
C. Overtime will be paid after a regular scheduled eight (8) hour shift in accordance with the Fair Labor Standards Act requirements for public agencies.
D. When an employee is recalled for duty, he or she shall be entitled to compensation at their overtime rate for all hours worked, with a minimum compensation of two (2) hours at their overtime rate, so long as the recall is not contiguous with their regularly scheduled shift.
E. Whenever the Township determines EMT overtime is necessary, overtime will be offered in accordance with the following procedure:
1. Full-time paid E.M.T. employees of equal rank will first be offered the opportunity for overtime.
2. Part-time E.M.T.s will next be offered the opportunity for overtime.
F. Overtime will be distributed as equitably as possible in accordance with the above procedure.
G. Overtime shall be paid at the rate of one-and-one-half (1 ½) the employee’s hourly rate. The employee may take overtime as paid or compensatory time. Compensatory time is limited to forty (40) hours.
ARTICLE X
EXCHANGE OF HOURS OF DUTY
A. The request for exchange of hours of duty by an employee may be granted by the Director of Emergency Medical Services or his designee, at his discretion, provided such request has been made through channels and in conformance with the needs of the Township. Such discretion shall not be unreasonably denied.
B. In exercising the provisions of this Article, no employee shall work more than two (2) shifts, and the provisions of Article IX shall not apply to the second shift unless the employee is ordered to work hours in excess of the first shift, in which case Article IX shall be applicable to those excess hours.
ARTICLE XI
SALARIES
A. Effective January 1, 2007 the salaries for all Emergency Medical Technicians under this contract shall be as follows:
B. All employees who reach step seven shall remain at step seven for their term of employment with the Township.
C. Dawn Amos shall be saved harmless from the provisions of section B... She will receive the following increases during the term of this agreement:
2007 three (3) percent of base salary
2008 three and one-half (3.5) percent of base salary
2009 three (3) percent of base salary
2010 two and one-half percent of base salary
D. Employees acting as shift supervisors will receive an annual stipend as follows:
2007 $2,000
2008 $2,500
2009 $3,000
2010 $3,500
The supervisory stipend shall be pro-rated based should the employee serve less than a full year as a shift supervisor.
E. For purposes of this Article, all employees on the payroll as of January 1, 2004 shall have an anniversary date of January 1. All employees hired after January 1, 2004 shall have their date of hire as their anniversary date. Step increase shall be granted on the Anniversary date of hire.
ARTICLE XII
HOLIDAYS
A. Emergency Medical Technicians shall be entitled thirteen (13) paid holidays off per calendar year. The holidays shall be as follows:
1. New Year’s Day 7. Labor Day
2. Martin Luther King Jr. Day 8. Columbus Day
3. Washington’s Birthday 9. Election Day
4. Good Friday 10. Veteran’s Day
5. Memorial Day 11. Thanksgiving Day
6. Independence Day 12. “Black” Friday
13. Christmas Day
B. Any full-time employee working a holiday shall be paid for the holiday plus time and one-half.
ARTICLE XIII
VACATIONS
A. Bargaining unit employees shall be entitled to annual vacation leave with pay in accordance with the following schedule:
1. During the first calendar year of employment, employees shall be entitled to one (1) vacation day per month of employment.
2. From the beginning of the 2nd year of employment through the 4th calendar year of employment, employees shall be entitled to twelve (12) vacation days per year.
3. From the beginning of the 5th year of employment through the 9th calendar year of employment, employees shall be entitled to fifteen (15) vacation days per year.
4. From the beginning of the 10th year of employment through the 14th calendar year of employment, employees shall be entitled to eighteen (18) vacation days per year.
B. The vacation year is January 1st through December 31st.
C. A maximum of five (5) days vacation may be carried over into the following year without approval of the Director of Emergency Management Services.
D. No more than two (2) weeks vacation may be utilized in succession.
E. An annual vacation schedule shall be prepared by the Director of
Emergency Management Services or his designee in accordance with present practice.
F. An employee who terminates his employment with the Township or whose employment is terminated by the Township, shall be entitled to vacation time and/or vacation pay at the time of termination. This time shall be prorated for the last year of employment.
G. The Emergency Medical Technician vacation entitlement schedule shall be based on one (1) shift being defined as an eight (8) hour shift.
H. Each employee shall be entitled to four (4) personal days year.
I. Personal days shall not be accumulative. Personal days not used will not be paid for or carried over.
J. All vacation not used and accumulated will be paid at the time of retirement or otherwise leaving employment.
SEPARATION, DEATH AND RETIREMENT
A. Employees shall retain all pension rights as EMT’s as provided by all applicable laws.
B. Employees retiring either after twenty-five (25) years of service pursuant to N.J.S.A. 43:16A-11.1 or having attained the age of fifty five (55) pursuant to N.J.S.A. 43:16A-5, or as a result of a disability pension, whether work-connected or not, shall be paid for all accumulated vacation and other compensatory time as provided in this Agreement. Said payments shall be computed at the rate at the time of retirement based upon the base annual compensation.
C. Employees intending to retire on other than disability pension shall accordingly notify the Township by September 1st of the previous year in which said retirement is to become effective.
D. In the event of an employee’s death, his or her estate or legal representative shall be paid for all accumulated vacation or other compensatory time as provided in this Agreement. Payments shall be made at the employee’s rate of pay at the time of their death.
E. In the event of an employee’s separation from service for any reason not set forth in Section B or D above, all accumulated compensatory time shall be paid at the rate of pay at the time of separation to the employee.
F. For benefits payable in the then current year in all cases of separation, death while not in the line of duty or retirement, all vacation, and other compensatory time shall be pro-rated as of the first of the month if the resignation, death or retirement is effective after the fifteenth (15th) of the month. Benefits shall be pro-rated on the calendar year from January 1st through December 31st.
G. For benefits payable in the then current year in all cases where the employee died while in the line of duty, all vacation, sick leave days, and other compensatory time which would have accrued for the entire calendar year (in the year of the employee’s death), shall be payable to the employee’s estate or legal representative.
H. Separation shall be defined as any permanent cessation of employment, but shall not be deemed to include temporary leaves of absence, vacation, layoffs, or other temporary leaves.
ARTICLE XV
SICK LEAVE
A. Sick leave with pay shall be earned at the rate of one (1) day per month during the first calendar year of employment, and fifteen (15) days per year for each year of employment thereafter. Unused sick leave shall be cumulative from year to year.
B. Sick leave is hereby defined to mean absence by an employee by reason of personal illness, illness within the immediate family, observance of quarantine, or as a result of a disabling injury not compensable under Article XVI.
C. Employees’ shall be required to furnish a doctor’s certificate to substantiate a request for approval of sick leave when sick leave exceeds three (3) consecutive work days.
D. The Township may require the employee to submit acceptable medical evidence of proof of illness whenever such a requirement appears reasonable to the Township.
E. The Township may require an employee to be examined by a physician designated and compensated by the Township as a condition of the employee's continuation of sick leave or return to work.
F. In order to receive compensation while absent on sick leave, an employee shall report their absence to the Director of Emergency Medical Services or his designee at least three (3) hours prior to the start of their shift, if possible.
G. In case of sick leave due to contagious disease or to care for a seriously ill member of the employee’s immediate family, reasonable proof may be required.
H. An employee who has exhausted their accumulated sick leave may, with the Township’s approval, charge additional days of absence to vacation or personal days, or compensatory time, if available.
I. Employees leaving Township employment for any reason other than termination shall be paid 65% of accumulated sick leave up to a maximum of $15,000.00.
J. The sick leave entitlement shall be based on one (1) work day being defined as an eight (8) hour shift.
K. Employees may annually sell back unused sick leave in accordance with the Township’s Personnel Policies and Procedures.
ARTICLE XVI
INJURY LEAVE
A. 1. In the event an employee becomes disabled by reason of service-connected injury or illness and is unable to perform their duties, then, in addition to any sick leave benefits otherwise provided herein, he may be entitled to full pay for a period of up to one (1) year. The employee shall continue to receive his/her payroll check and return any workers compensation check to the Township.
2. If an employee returns to work from injury leave for less than one (1) year, he may return to injury leave for the same injury for an additional period of time which, when added to the initial period of injury leave, totals no more than one (1) year.
3. When an employee returns from injury leave, he shall be entitled to a new period of injury leave for a period of up to one (1) year if the employee submits a new injury claim due to an independent event causing re-injury or a new injury.
B. When a employee requests injury leave, he or she shall be placed on “conditional injury leave” until a determination of whether or not an injury or illness is work related and the employee is entitled to injury leave is initially made by the Township’s Workmen’s Compensation carrier, with the final determination, if necessary, to be made by the Workmen’s Compensation Bureau or Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to job injury compensation, the employee shall be denied injury leave and shall have all time off charged against his or her accumulated sick time and if necessary, against any other accumulated leave time. If the employee leaves the employment of the Township prior to reimbursing the Township for such advanced time, the employee shall be required to reimburse the Township for such advanced time.
C. Any employee who is injured, whether slight or severe, while working, must make an injury report to the Director of Emergency Medical Services or officer in charge prior to the end of the employee’s shift, or, if that is not medically possible, as soon thereafter as is possible.
D. It is understood that the employee must file an injury report with the Township Manager so that the Township may file the appropriate Worker’s Compensation Claim. Failure to so report said injury may result in the failure of the employee to receive compensation under this Article.
E. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier that he is unable to work, and the Township may reasonably require the employee to present such certificate from time to time.
F. If the Township does not accept the certificate of the physician designated by the insurance carrier, the Township shall have the right, at its own cost, to require the employee to obtain a physical examination and certification of fitness by a physician appointed by the Township.
G. In the event the Township appointed physician certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated, unless the employee’s physician disputes the determination of the Township’s appointed physician. Then the Township and the employee shall mutually agree upon a third physician who shall examine the employee. The cost of the third physician shall be borne equally by the Township and the employee. The determination of the third physician as to the employee’s fitness to return to duty shall be final and binding upon the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated.
ARTICLE XVII
BEREAVEMENT LEAVE
A. In the event of death of the employee’s parents, spouse, children, brothers or sisters, the employee shall be granted time off without loss of pay commencing between the day of death and the day after interment, but in no event to be more than five (5) consecutive work days.
B. Leave with pay for three (3) work days shall be granted in the case of the death of grandparents, mother-in-law, and father-in-law.
C. The Director of Emergency Services may grant leave without pay for anyone else not included.
D. If additional time is required, an employee may use accumulated compensatory or vacation time upon approval of the Director of Emergency Services.
E. An employee will request bereavement leave from the Director of Emergency Services at the earliest practicable time.
F. Proof of death may be required at the Director of Emergency Services discretion.
G. 1. A tour of duty for Emergency Medical Technicians is defined as an eight (8) hour shift.
H. Bereavement leave is specifically intended to participate in and/or attend funeral services.ARTICLE XVIII
MILITARY LEAVE
A. Military leave shall be granted pursuant to State and Federal Statutes and Regulations.
ARTICLE XIX
LEAVE OF ABSENCE
A. Leave of absence without any pay, in the discretion of the Township Manager, may be granted for good cause to any employee who has completed his or her probationary period.
B. Leave of absence can be any specified time period up to a maximum of one (1) year.
C. During a leave of absence, the Township will not be responsible to provide the employee with the benefits provided within Article XXV. However, if the employee wishes that coverage is extended to him during that leave, the Township will provide it but it must be paid by the employee prior to the Township being billed.
ARTICLE XX
PENSIONS
A. All employees shall retain all pension rights afforded to them under applicable lawARTICLE XXI JOB DESCRIPTION AND DUTIES
A. The job descriptions and duties for all members of this bargaining unit shall be in accordance with each employee’s job title as set forth by the New Jersey State Department of Personnel, N.J.S.A. Titles 11 and 11-A.
B. The Township will maintain on file a current copy of Department of Personnel job descriptions for all required positions.
C. The Township will supply a copy of the most current job description to an employee when hired and at any time thereafter, if the job description should change.
ARTICLE XXII
CLOTHING ALLOWANCE
A. The Township will issue to all newly hired employees all uniforms according to the clothing allowance as set forth in Appendix A attached hereto. All clothing shall meet N.F.P.A. and O.S.H.A. requirements.
B. Each successive year, each employee shall receive a four hundred dollar ($400.00) clothing allowance to be used for the upkeep or replacement of work uniforms.
C. The Township will be responsible for the cost of changes in uniform and replacement of uniforms damaged or contaminated in the line of duty.
D. Uniforms shall be worn on all duty hours except during physical fitness time. When working in and around stations and grounds, the uniform shirt may be removed (but employee must wear undershirt). The Director of Emergency Medical Services shall determine the proper uniform for the work being performed.
E. The Township will pay a vendor for the cost of cleaning up to five (5) complete work uniforms per employee, per work week, at the Township’s expense
ARTICLE XXIII
TRAVEL EXPENSES
A. Employees shall be reimbursed at the Internal Revenue Service rate for reimbursement for using their personal automobile when so ordered and required by the Township, and shall be reimbursed for all non-vehicular expenses in connection with their official duties when approved by the Director of Emergency Medical Services. Any such expenses must be appropriately documented as a condition of reimbursement.
ARTICLE XXIV
HOSPITALIZATION AND MEDICAL BENEFITS
A. The Township shall provide medical benefits under the State Health Benefits Plan with dental and prescription coverage as currently exists.
B. Any change in current plans or coverage shall be negotiated with and approved by the Association.
C. Medical benefits shall continue for the employee after retirement with twenty-five (25) years of service with the Township and twenty-five (25) years in the pension system (PERS).
Benefits shall continue for the spouse for a total of five (5) years after the employee’s retirement.
ARTICLE XXV
COMMUNICABLE DISEASES
A. The Police Chief or designee shall maintain a separate file to be known as the “Communicable Disease File” in which employees responding to rescue alarms in which contact and/or working in close proximity to the victims with communicable diseases and their body fluids shall be recorded in the C.D.F. at the completion of each alarm. It shall be the employee’s responsibility to notify the officer in charge and initial the completed C.D.F. form.
ARTICLE XXVI
SAFETY CLAUSE
A. The Association will be represented on the Township Safety Committee by the Director of Emergency Medical Services.
ARTICLE XXVII
PROMOTIONS
A. When the Township determines to create a promotional position(s), a notice will be posted, with a copy provided to the Association, advising of the nature of the position and the qualifications required therefore. All promotions will be made in accordance with N.J.S.A. 11 and 11-A, State of New Jersey, Department of Personnel.
ARTICLE XXVIII
BULLETIN BOARD
A. The Association shall have the sole use of the designated Association bulletin board or portion of a bulletin board in each station for the sole purpose of posting notices relating only to matters of official business of all emergency organizations and other employee related matters.
B. Only material authorized by the signature of the Association Representative, President, or Shop Steward shall be permitted to be posted on said bulletin board.
C. The Township may require the Association to remove, from the bulletin board, any material that does not conform to the intent of the above provisions of this Article. Said material will be kept on file with the Association.
ARTICLE XXIX
SERVICE RECORDS
A. Service records shall be maintained pursuant to the Township personnel file procedures.
ARTICLE XXX
PRINTING AND SUPPLYING AGREEMENT
A. This Agreement and any future agreement shall be copied and supplied to each employee by the Township within forty-five (45) calendar days of execution at no cost to the employee.
ARTICLE XXXI
STATUTORY AND LEGAL RIGHTS
A. Nothing contained herein shall be construed to deny or restrict the Township or the employee from the exercise of its or their rights under R.S. 34:13A, R.S. 40, 40A or any other national, state, county or local laws or ordinances pertaining to the employees covered by this Agreement.
ARTICLE XXXII
SEPARABILITY AND SAVINGS
A. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of the law or by court or other tribunal of competent jurisdiction following the valid adoption of this Agreement, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.
ARTICLE XXXIII
MAINTENANCE OF BENEFITS
A. Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement shall continue to be so applicable during the terms of this Agreement.
B. All rights, privileges, and working conditions enjoyed by the employees, beginning on the effective date of this Agreement, which are not included in this Agreement, shall remain in full force, unchanged and unaffected in any manner during the term of this Agreement, unless changed by mutual consent.
ARTICLE XXXIV
JURY DUTY
A. All employees shall be granted time off without loss of pay, vacation time or other compensatory time for jury duty. The employee must be scheduled to work in order to receive administrative leave for jury duty.
B. Employees volunteering for jury duty shall not receive paid time off for jury duty.
C. Any payments for jury duty other than travel shall be given to the Township.
ARTICLE XXXV
EMERGENCY LEAVE
A. Employees may be granted emergency leave with the approval of the Chief of Police and the Township Manager for a bona fide emergency situation that requires their release or absence from work. All emergency leave will be charged, at the employee’s option, against the employee’s vacation, personal or compensatory time balance.
ARTICLE XXXVI
FULLY BARGAINED AGREEMENT
A. This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations.
B. The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any matter or subject not removed by law from the area of collective bargaining and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
C. This Agreement shall not be modified in whole or in part by the parties except only by an instrument, in writing, executed by both parties.
D. It is the intent of the parties that the provisions of this Agreement will supersede all agreements and understandings, oral or written, expressed or implied, between the parties and shall govern their entire relationship and shall be the sole source of any and all rights or claims which may be asserted in arbitration hereunder or otherwise. The Township and the Association, for the life of this Agreement, hereby waive any rights to request to negotiate or bargain with respect to any matters contained in this Agreement. It is mutually understood that this clause is a clear waiver as to any right or claim not expressed in this Agreement.
ARTICLE XXXVII
SUPERSEDING CLAUSE
A. This Agreement supersedes any and all other agreements, ordinances, resolutions and/or directives dealing with working conditions and terms and conditions of employment which are inconsistent with the terms of this Agreement.
ARTICLE XXXVIII TRAINING
A. The Township of Deptford endorses a policy of career development and
supports an educational assistance program. All employees shall be eligible for the township’s tuition reimbursement in accordance with its personnel policies and procedures.
B. Township-sponsored and required training shall generally be arranged during regularly scheduled work hours. Additionally, the Township will fund training required to maintain employee certifications. The Department Director may change the standard work hours to accommodate or require attendance at such training activities.
ARTICLE XXXIX DURATION, TERM AND RENEWAL
THIS AGREEMENT shall be effective January 1, 2007 and shall remain in full force and effect through and including December 31, 2010. It shall automatically be renewed from year to year thereafter, unless either party shall notify the other, in writing, before one hundred twenty (120) calendar days prior to the termination date that it desires to modify this Agreement. In the event such notice is given, negotiations shall begin no later than ninety (90) calendar days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first set forth above.
TOWNSHIP OF DEPTFORD I.A.F.F. LOCAL 3592
AFL -CIO
By: _________ By:
Mayor
WITNESS: _________ WITNESS:_________________
DATE: __________________________________ DATE: ___________________
APPENDIX A
INITIAL CLOTHING ALLOWANCE LIST
A. The clothing list shall be as follows:
5 short sleeve shirts
5 long sleeve shirts
5 pair of pants
1 pair of shoes ($110.00 per pair maximum expenditure by the Township)
2 badges
1 belt
2 name plate
1 winter/spring coat
1 pair turnout type glove
1 helmet
1 EMT type turnout coat
In addition any uniforms damaged in the line of duty shall be replaced by the township.
Searchable Contract Text Unavailable - See Printer Friendly Version |