A G R E E M E N T
Between
THE BOROUGH OF BERGENFIELD
and
LOCAL 108
R.W.D.S.U., UFCW-------------------------------------------------------------------
Effective July 1, 2011 to December 31, 2013
-------------------------------------------------------------------
ERIC M. BERNSTEIN & ASSOCIATES, L.L.C.
34 Mountain Boulevard, Building A
P.O. Box 4922
Warren, New Jersey 07059
(732) 805-3360
(732) 805-3346 – Facsimile
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I TERM OF AGREEMENT 2
ARTICLE II RECOGNITION 3
ARTICLE III UNION CHECKOFF 4
ARTICLE IV GRIEVANCE PROCEDURE 5
ARTICLE V SENIORITY 8
ARTICLE VI WAGES 9
ARTICLE VII LONGEVITY 10
ARTICLE VIII HOURS OF WORK, OVERTIME AND STANDBY 11
ARTICLE IX TRAINING AND EDUCATION 12
ARTICLE X PAY DIFFERENTIAL 13
ARTICLE XI SAFETY 14
ARTICLE XII VACATIONS 15
ARTICLE XIII SICK LEAVE 18
ARTICLE XIV BEREAVEMENT 19
ARTICLE XV SPECIAL LEAVE (LEAVE OF ABSENCE) 20
ARTICLE XVI HOLIDAYS AND PERSONAL DAYS 22
ARTICLE XVII HEALTH BENEFITS 23
ARTICLE XVIII RETIREMENT 24
ARTICLE XIX GENERAL 25
ARTICLE XX MANAGEMENT OF THE BOROUGH’S AFFAIRS 26
ARTICLE XXI ACCESS & RECORDS 27
ARTICLE XXII CONTINUED OPERATIONS 28
ARTICLE XXIII TERMINAL LEAVE 29
ARTICLE XXIV BULLETIN BOARD 30
ARTICLE XXV VACANCIES 31
ATTACHMENT A SALARY GUIDE 323
PREAMBLE
THIS AGREEMENT, effective as of the _____ day of ____________________, 2012 by and between the BOROUGH OF BERGENFIELD, NEW JERSEY, hereinafter referred to as the "Borough", and the LOCAL 108, R.W.D.S.U., UFCW, hereinafter referred to as the "Union", is designed to maintain and promote a harmonious relationship between the Borough and such of its Employees who are within the bargaining unit defined in Article II hereof in order that efficient and progressive public service may be rendered.
ARTICLE I TERM OF AGREEMENT
THIS AGREEMENT shall be effective July 1, 2011 and shall remain in full force and effect until December 31, 2013. In the event that no new or substitute Agreement is entered into on or before December 31, 2013, the terms and conditions of this Agreement shall continue in full force and effect until a substitute Agreement is executed.
ATTEST: BOROUGH OF BERGENFIELD
______________________________ _________________________________
Timothy J. Driscoll., Mayor
ATTEST: LOCAL 108, R.W.D.S.U., UFCW
_______________________________ __________________________________
President
ARTICLE II
RECOGNITION
Section 1
The Borough hereby recognizes the Union as the exclusive majority representative within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et. seq., for collective negotiations concerning salaries, hours of work, and other terms and conditions of employment for all non-managerial, permanent, full-time employees, as per PERC Docket RO-97-33.
Section 2
Unless otherwise indicated, the term "Employee" or "Employees", wherever used in this Agreement, refers to all persons represented by the Union in the above-defined bargaining unit.ARTICLE III UNION CHECKOFF
Union Dues
Pursuant to New Jersey law, the Borough agrees to deduct the Union's monthly dues and initiation fees from the pay of the covered employees who authorize the Borough in writing to do so. Deductions shall be made from the first (1st) and second (2nd) pay period of each month. All amounts deducted shall be remitted to the Union once a month no later than the tenth (10th) day of the month following deduction. The Borough agrees to furnish the Union, upon request monthly, with a list of newly-hired employees and terminated employees. The Union will advise the Borough in writing of the amount of the initiation fees and monthly dues.
Pursuant to N.J.S.A. 34:13A-5.5 et seq., all non-members of the Union shall pay to the Union a representation fee in lieu of dues for services rendered by the Union in an amount equivalent to the regular membership dues, initiation fees and assessment charged by the Union to its own members, less the cost of benefits financed through dues, fees and assessments and available to or benefitting only its members, but in no event shall such fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.
The Union shall indemnify, defend and save the Borough 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 Borough in reliance upon salary deduction authorization cards submitted by the Union to the Borough or in reliance upon the official notification on the letterhead of the Union advising of such changed deduction.
ARTICLE IV
GRIEVANCE PROCEDURE
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement.
Grievance shall mean a dispute growing out of enforcement and/or interpretation of the terms and conditions of this agreement. When used in this Article, “working days” shall be defined as Monday through Friday, irrespective of whether the employee works the days in question or whether the Borough is open.
Step 1
An employee having a grievance shall present it orally, either individually or in the presence of the Union steward or a member of the Union shop committee, to his/her immediate supervisor, within ten (10) working days after the occurrence of the matter being grieved. Failure to act within ten (10) working days of the occurrence of the matter being grieved shall constitute an abandonment of the grievance.
Step 2
If the employee does not receive or is not satisfied with the supervisor's response, then an appeal to the Borough Administrator within ten (10) working days of the supervisor's response can occur. Thereafter, the Borough Administrator shall discuss the grievance with the aggrieved employee and the Union Shop Committee and shall within ten (10) working days:
Adjust the grievance;
Find the grievance unjustified; or,
Advise the shop committee that the adjustment of the grievance is beyond his authority.
Step 3
If the grievance is not adjusted to the satisfaction of the employee and the shop committee, the employee, through his/her Union Shop Committee shall proceed by filing a written appeal with the Mayor and Council within ten (10) working days of the decision made by the Borough Administrator. The grievance shall contain all relevant facts and the remedy requested by the grievant. The Mayor and Council shall issue its written decision within ten (10) working days after meeting with the Union.
Step 4
Upon failure of a resolution of the grievance in Step 3 above, the authorized representative of the Union may proceed to final and binding arbitration before and pursuant to the rules of the New Jersey Public Employment Relations Commission by serving notice of its desire for arbitration upon the Borough Administrator, either personally or by certified mail, within fourteen (14) working days after the termination of Step 3.
The cost of the services of the arbitrator shall be borne equally by the Borough and the Union.
All grievances presented in writing shall specify the occurrence being grieved and the resolution being sought by the grievant.
The arbitrator shall be bound by the provisions of the agreement and restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add, to modify, detract from or alter in any way, the provisions of this agreement or any amendment or supplement thereto.
An aggrieved employee shall suffer no loss of pay as a result of time spent in his/her own behalf in an arbitration hearing.
General
Failure to submit a decision within the designated times shall be construed as a denial of the grievance at that Step.
Failure of an aggrieved party to pursue the grievance to the next step, in accordance with the time limits set forth herein, shall constitute abandonment of the grievance, unless both parties agree to waiver.
ARTICLE V
SENIORITY
Seniority, probationary period, layoffs, transfers and assignments shall be in accordance with existing rules and regulations of the New Jersey Civil Service Commission.
Employment may be granted on a temporary basis for a period of up to six (6) months. At any time during this period, the employee may be given probationary status or may be terminated. In no case will temporary employment continue for more than six (6) months.
A newly-hired employee, who previously worked for the Borough but who was terminated or resigned for any reason, shall be considered a new employee and all calculations of benefits based on seniority shall be from the date of last hire.
No benefits shall accrue to temporary employees for sick leave, vacations, pensions or other benefits other than when employment shall be made permanent.
If a temporary employee is made permanent, their time as a temporary employer shall count toward their probationary period.
All seniority shall be lost if any of the following occur:
discharge for cause;
resignation or retirement; or,
absence for five (5) consecutive work days without approved leave or notice.
ARTICLE VI WAGES
Effective July 1, 2011 and retroactive to said date, through December 31, 2013, the employees in the bargaining unit shall receive increases to their base salaries commensurate with the schedule attached hereto as ATTACHMENT A.
The bargaining unit employees shall receive $0 increase in base salary on July 1, 2011.
The bargaining unit employees shall receive a $750.00 increase in base salary on January 1, 2012.
The bargaining unit employees shall receive a $750.00 increase in base salary on January 1, 2013.
ARTICLE VII LONGEVITY
Employees hired before July 1, 2008 shall receive longevity as follows:
6 through 8 years 1%
9 through 11 years 2%
12 through 14 years 3%
15 years 4%
16 through 20 years…………………………………………………………………6%
21 or more ………………………………………………………………..8%
For all employees hired on or after July 1, 2008, said employees shall be eligible for longevity as follows:
10 through 15 years…………………..$500.00
16 through 20 years…………………..$700.00
21 or more years……………………...$900.00
Employees hired on or after July 1, 2011 shall not be entitled to longevity.
ARTICLE VIII
HOURS OF WORK, OVERTIME AND STANDBY
All overtime shall be authorized in advance by the Borough Administrator.
Time and one-half (1 ½) premium pay shall be paid for all hours worked in excess of forty (40) hours per week.
Any employee required to work on a holiday or a Sunday shall receive their pay for that day plus an additional day's pay.
At the employee's request, compensatory time may be taken in lieu of premium or holiday pay. Such compensatory time must be taken by April 1st of the calendar year following the year it is earned.
The Borough reserves the right to require qualified employees to work overtime whenever conditions so warrant, providing such right shall not be exercised capriciously.
Should an employee be called in for extra duty during an employee's off-duty time, the employee shall be entitled to a minimum of two (2) hours overtime. Said call in shall not be contiguous to the employee’s shift and the Borough reserves the right to have the employee work the full period in question. There shall be no two (2) hour minimum if the call-in is contiguous to the employee’s shift/hours of work.
The payment of overtime, effective December 1, 2011, whether straight time or at time and one-half (1 ½), shall be calculated based on a denominator of 2,080.
ARTICLE IXTRAINING AND EDUCATION
Section 1
Tuition cost of courses undertaken as part of a continuing education program at a State of New Jersey accredited college or university, pursuant to or required by the employee’s position, shall be paid by the Borough. In order to receive reimbursement for the course(s), the employee must earn a grade of B or better.
Section 2
Tuition shall be paid for any training program or certifications required pertinent to the employee’s position in the Borough. An employee who leaves the employ of the Borough within three (3) years of the date of graduating a training program and/or attaining the certification referenced to in this section shall reimburse the Borough for the full cost of such training/certification unless the employee is laid off by the Borough or dies while in the employ of the Borough.
Section 3
Tuition in both Sections 1 and 2 shall be paid in the form of reimbursement to the employee.ARTICLE X PAY DIFFERENTIAL
Any employee required to do work on a higher rated job shall receive the payment for the higher rated job for this period. This provision shall not apply to employees undergoing training for a higher rated position under the supervision of an employee qualified in their higher rated job. Such training in any classification shall be limited to a period equivalent to ten (10) full working days.
ARTICLE XI
SAFETY
The Union shall be entitled to one (1) representative on the Borough's Safety Committee.
ARTICLE XII VACATIONS
A. (1) The vacation schedule below shall apply to the employees hired before June 30, 2011:
0 - 1 years service 1 day for each month employed
1 - 5 years service 12 working days
6 - 10 years service 15 working days
11 - 15 years service 18 working days
16 - 20 years service 21 working days
21 - 24 years service 25 working days
(2) All employees hired on or after July 1, 2011 shall be covered by the following vacation schedule:
From initial employment up to the end of the first (1st) calendar year, annual paid vacation for time bargaining unit members:
One (1) working day for initial month of employment if the employee begins work on the 1st through the 15th day of the calendar month and one-half (1/2) working day if they begin on the 16th through the last day of the month; and,
After the initial month of employment and up to the end of the first (1st) calendar year, employees shall receive one (1) working day for each month of service.
From the beginning of the first (1st) full calendar year of employment and up to five (5) years of continuous service – ten (10) working days;
After the beginning of the sixth (6th) full calendar year of employment and up to ten (10) years of continuous service – fifteen (15) working days;
From the beginning of the eleventh (11th) full calendar year of employment and up to fifteen (15) years of continuous service – eighteen (18) working days;
From the beginning of the sixteenth (16th) full calendar year of employment and up to twenty (20) years of continuous service – twenty (20) working days; and,
After twenty (20) years of continuous service – twenty-five (25) working days.
Selection of vacations within the department shall be by seniority. The number of employees allowed off on vacation at any time shall be determined by the Department Head.
Vacation days shall vest as earned. Vacation time, as determined by the Employee’s anniversary date, may be taken in full at any time in the year, provided that such Employee shall reimburse the Borough for any unearned vacation time, pro-rata, if he leaves the employ of the Borough during the year said vacation is taken, other than due to disability, retirement or death.
Religious holidays may be taken as a vacation day or a personal day.
Earned but unused vacation time shall be paid, pro-rata, to an Employee, or his legal representative, upon his disability retirement or death.
The scheduling and granting of employee vacation requests is a supervisory prerogative necessary to minimize disruption to Borough operations. Employee vacation requests must be made, in writing, to the supervisor, as far in advance as possible, but at least one (1) calendar day in advance for a single day and at least five (5) calendar days in advance for two (2) to nine (9) consecutive days. Employees requesting ten (10) or more consecutive days vacation must submit a written request, through their supervisor, to the Borough Administrator at least fifteen (15) calendar days in advance. Same day vacation requests shall not be telephoned in or granted, except under the discretion of the Administrator or designee.
ARTICLE XIII
SICK LEAVE
Sick Leave shall be granted in accordance with NJAC 4A:6-1.3.
An employee absent on sick leave for three (3) or more consecutive days shall submit acceptable medical evidence substantiating the illness. In the event, an employee has accumulated a total of five (5) one (1) or two (2) day absences in any one calendar year, acceptable medical evidence substantiating the illness shall be required for all subsequent sick leave absences during the remainder of that calendar year. Requested or required medical documentation must be presented to the employee’s supervisor on the day the employee returns to work from sick leave.
Employee shall be notified upon reaching the five (5) day absence requirement.
All sick leave heretofore accumulated shall not be impaired by this Agreement and said accumulated days shall be carried forward during the term of this Agreement.
Employees who need to use the intermittent sick leave days are required to notify their supervisor before their scheduled reporting time. Supervisors may require employees to submit a doctor’s note or other proof of personal or family illness, whenever they suspect sick leave abuse after an initial notification/warning has been given. Abuse of sick leave shall be cause for disciplinary action.
Abuse of sick leave shall be subject to disciplinary action, up to and including termination.
ARTICLE XIV BEREAVEMENT
All employees covered by this Agreement shall be entitled to three (3) consecutive days leave with pay upon the death of a member of the immediate family. Such leave will commence on the first (1st) working day following the death of the family member. All such leave shall not be taken until the employee’s immediate supervisor is notified of the incident of bereavement.
The immediate family shall include spouse, domestic partner, child, parent, brother, sister, grandparent, grandchildren of an employee or the employee’s spouse and any relative permanently residing in the employee's home.
In the event of the death of an uncle or aunt of the employee or their spouse, the employee shall be entitled to one (1) day's leave with pay to attend the funeral.
Such funeral leave shall not be charged against an employee's vacation or sick leave. Upon request by the Borough, the employee shall provide reasonable proof.
An extension of absence under the article may be had at the employee's option, with the consent of the Borough Administrator, and may be charged against available vacation time or be taken without pay for a reasonable period.
In the event of the demise of an employee covered by this Agreement, the Borough will grant funeral leave to one (1) Union representative, with the reasonable approval of the Borough Administrator, for the purpose of attending the funeral.
ARTICLE XV
SPECIAL LEAVE (LEAVE OF ABSENCE)
(1) Any employee desiring a leave of absence without pay from his/her employment shall request such leave, in writing, stating the reason for the leave. The maximum leave of absence shall be in accordance with the laws of the State of New Jersey and, if not applicable, for ninety (90) days. Such period may be extended for a like period by the Borough Administrator.
(2) Procedure. The employee shall be required to submit to the Borough Administrator or designee a written notice that leave will be taken, indicating amount of leave to be taken and the reason for the leave notice.
During the period of absence, the employee shall not engage in gainful employment. An employee who fails to comply with this provision shall be deemed to have quit his/her employment.
Seniority shall be retained, but shall not accrue during such leaves, except as permitted under the laws of the State of New Jersey. Time on special leave shall not be counted in comparing service for vacation purposes. Employees accrue no additional sick or vacation leave while on unpaid leaves of absence.
The employer shall have the right to require an employee returning from a leave of absence for illness or injury to undergo a physical examination by a physician designated by the employer before his/her return to the job at the Borough's sole cost. The employee must make suitable arrangements for the continuation of welfare and pension payments, if any, before the leave may be approved by the Borough.
The Borough shall have the right, at its discretion, to refuse to grant special leave under this section except as restricted by law.
Jury Duty leave and Family Leave shall be granted in accordance with the laws of the State of New Jersey.
ARTICLE XVI
HOLIDAYS AND PERSONAL DAYS
The following shall be holidays under this Agreement:
New Year's Day Labor Day
Martin Luther King Birthday Columbus Day
Lincoln’s Birthday Veterans Day
President’s Day Thanksgiving Day
Good Friday Day after Thanksgiving
Memorial Day Christmas Day
Independence Day
If a holiday falls on a Sunday, it shall be granted on the following Monday. If a holiday falls on a Saturday, it shall be granted on the preceding Friday.
Each employee shall be entitled to three (3) personal days per year.
A request for the use of personal days must be submitted to the employee’s supervisor for approval at least seventy-two (72) hours in advance of the day requested except in cases of emergency. Personal days may only be attached to a vacation day or holiday with prior approval by the employee’s supervisor.
RTICLE XVII HEALTH BENEFITS
Current coverage for hospitalization, major medical, dental and prescriptions shall remain in effect during the period of this Agreement.
Effective July 1, 2011, the contribution for healthcare shall be 1.5% of pensionable base salary. Once the Borough implements the provisions of Ch. 78, P.L. 2011, members of the Association shall pay insurance premium contributions as per law. This shall also apply to applicable retirees.
Effective July 1, 2009, the Borough shall provide the prescription plan that is provided by the New Jersey State Health Benefits Plan.
For employees hired on or after July 1, 2011, the Borough shall only provide employee only retirement health coverage until the employee is eligible to receive Medicare/Medicaid benefits, which is further subject to any healthcare contributions required by either the Borough and/or the State.
Effective January 1, 2012, all employees hired by the Borough on or after January 1, 2000 who retire from the Borough shall not be eligible for Medicare/Medicaid reimbursement by the Borough.
ARTICLE XVIII
RETIREMENT
All employees enrolled in the Public Employees Retirement System of the State of New Jersey are subject to the requirements and provisions of the plan.
An employee who makes the decision to retire shall notify the Borough Administrator in writing at least two (2) months in advance of his or her planned retirement.
ARTICLE XIX
GENERAL
A. The terms and conditions contained herein shall supersede any contrary terms and conditions, whether contained in ordinance, personnel policy or elsewhere, but shall not supersede any of the requirements or prescriptions of N.J.S.A. 34:13A-1 et seq. or any other law of the State of New Jersey, all of which rights and prescriptions, to the extent required by law, shall govern the relationship of the parties and the construction of the agreement.
B. This document constitutes the sole and complete agreement between the parties and embodies all the terms and conditions governing the employment of employees in the unit. The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is or may be subject to collective bargaining.
C. If any clause contained in the Agreement is hereafter found to be illegal, the clause shall no longer apply to this contract, but the balance hereof shall remain in full force and effect.
ARTICLE XX MANAGEMENT OF THE BOROUGH'S AFFAIRS
It is recognized that the management of the Borough government, the control of its properties and the maintenance of order and efficiency, is solely a responsibility of the Borough. Accordingly, the Borough retains the rights including but not limited to, the selection and direction of the working forces; including the right to hire, suspend or discharge for just cause, assignment, promotion or transfer, to determination of the amount of overtime to be worked, the relief of employees from duty because of lack of work or from other legitimate reasons; decision regarding the number and location of its facilities, stations, etc., determination of the work to be performed within the unit, maintenance and repair, amount of supervision necessary, machinery and tool equipment, methods, schedules of work, together with the selection, procurement, designing, engineering and the control of equipment and materials, the purchase of services of others, contract or otherwise, except as they may be otherwise specifically limited in the agreement and to make reasonable and binding rules which shall not be used to permanently change the present duty of the job classifications.
However, the Union and the employees shall have the right to submit to grievance and arbitration any exercise of any of these rights which prejudice or deprive the Union or any employee of the existing contract right or benefit.
Except as specifically otherwise provided in this Agreement, all rights, powers and authority not specifically restricted by this Agreement or by applicable Federal/State law, are retained and remain exclusively and without limitation within the right of management. The Union, on behalf of the employees, recognizes that the primary obligation of the Borough is to serve the public. Consequently, the Union agrees to cooperate with the Borough to attain and maintain full efficiency and maximum service.
ARTICLE XXI
ACCESS & RECORDS
Once each year, an employee may review their employment file. Written request to the Borough Administrator must be made in advance prior to receiving the file. A Borough representative must be present at the time of the review of the file. A Union representative may be present if the employee requests such.
ARTICLE XXII
CONTINUED OPERATIONS
It is recognized that the need for continued and uninterrupted operation of the Borough's department and agencies is of paramount importance to the citizens of the community and that there should be no interference with such operation.
Adequate procedures having been provided for the equitable settlement of grievances arising out of this agreement, the parties hereto agree that there will be and that the Union, its officers, members, agents or principals will not engage in, encourage, sanction or suggest strikes, slowdowns, lockouts, mass resignations, mass absenteeism, or other similar action which would involve suspension of or interference with normal work performance.
The Borough shall have the right to discipline or discharge any employee encouraging, suggesting, fomenting or participating in strike, slowdown or other such interference.
ARTICLE XXIII
TERMINAL LEAVE
Upon termination of employment with the Borough, an employee with fifteen (15) years of service will be entitled to receive severance pay, which will be equal to one month's pay including longevity for each five (5) years of completed employment, with a maximum of six (6) months pay.
Notwithstanding the foregoing, if State legislation were adopted, expressly permitting or requiring municipalities to pay retiring employees for any portion of accumulated sick leave, the parties shall renegotiate this provision so that one policy or the other (i.e., terminal leave pay or sick leave pay) will be adopted.
The provisions of this Article shall be further capped by the maximum dollar amounts as it relates to the provisions of Section A above and shall apply to only those employees hired on or after July 1, 2007: $15,000.00
Provisions of this Article shall only apply, effective July 1, 2011, to employees hired on or after July 1, 2011 with twenty-five (25) years in the State pension system and at least fifteen (15) years service with the Borough, with an overall cap not to exceed $15,000.00. There shall be no pay for accumulated unused sick leave for any reason whatsoever.
ARTICLE XXIV BULLETIN BOARD
The Borough will supply one (1) bulletin board for the use of the Union to be placed in the Civic Room in the basement of Borough Hall.
The bulletin board shall be for the use of the Union for the posting of notices and bulletins pertaining to Association business and activities.
No matter may be posted without receiving permission of the officially designated Union representative. Any bulletin deemed detrimental to the operation of the Department may be rejected for posting by the Department Head.
ARTICLE XXV VACANCIES
Vacancies that are to be filled permanently shall be filled in accordance with State Civil Service regulations. The Union will be notified whenever a Civil Service test is ordered by the Borough.
ATTACHMENT A
Salary Guide (Base Salary Only)
7/1/11 1/1/12 1/1/13
Clerk Typist $32,800.00 $33,550.00 $34,300.00
Sr. Clerk Typist $36,625.00 $37,375.00 $38,125.00
Sr. Clerk Technical $40,450.00 $41,200.00 $41,950.00
Assistant to CCO
Principal Clerk $42,050.00 $42,800.00 $43,550.00
Principal Clerk/ $43,650.00 $44,400.00 $45,150.00
Purchasing Agent
Principal Clerk/ $43,650.00 $44,400.00 $45,150.00
Bookkeeper
Violations Clerk $32,800.00 $33,550.00 $34,300.00
Deputy Court $40,900.00 $41,650.00 $42,400.00
Administrator
Deputy Borough $45,500.00 $46,250.00 $47,000.00
Clerk
A G R E E M E N T
Between
THE BOROUGH OF BERGENFIELD
and
LOCAL 108
R.W.D.S.U., UFCW
-------------------------------------------------------------------
Effective July 1, 2011 to December 31, 2013
-------------------------------------------------------------------
ERIC M. BERNSTEIN & ASSOCIATES, L.L.C.
34 Mountain Boulevard, Building A
P.O. Box 4922
Warren, New Jersey 07059
(732) 805-3360
(732) 805-3346 – Facsimile
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I TERM OF AGREEMENT 2
ARTICLE II RECOGNITION 3
ARTICLE III UNION CHECKOFF 4
ARTICLE IV GRIEVANCE PROCEDURE 5
ARTICLE V SENIORITY 8
ARTICLE VI WAGES 9
ARTICLE VII LONGEVITY 10
ARTICLE VIII HOURS OF WORK, OVERTIME AND STANDBY 11
ARTICLE IX TRAINING AND EDUCATION 12
ARTICLE X PAY DIFFERENTIAL 13
ARTICLE XI SAFETY 14
ARTICLE XII VACATIONS 15
ARTICLE XIII SICK LEAVE 18
ARTICLE XIV BEREAVEMENT 19
ARTICLE XV SPECIAL LEAVE (LEAVE OF ABSENCE) 20
ARTICLE XVI HOLIDAYS AND PERSONAL DAYS 22
ARTICLE XVII HEALTH BENEFITS 23
ARTICLE XVIII RETIREMENT 24
ARTICLE XIX GENERAL 25
ARTICLE XX MANAGEMENT OF THE BOROUGH’S AFFAIRS 26
ARTICLE XXI ACCESS & RECORDS 27
ARTICLE XXII CONTINUED OPERATIONS 28
ARTICLE XXIII TERMINAL LEAVE 29
ARTICLE XXIV BULLETIN BOARD 30
ARTICLE XXV VACANCIES 31
ATTACHMENT A SALARY GUIDE 321
PREAMBLE
THIS AGREEMENT, effective as of the _____ day of ____________________, 2012 by and between the BOROUGH OF BERGENFIELD, NEW JERSEY, hereinafter referred to as the "Borough", and the LOCAL 108, R.W.D.S.U., UFCW, hereinafter referred to as the "Union", is designed to maintain and promote a harmonious relationship between the Borough and such of its Employees who are within the bargaining unit defined in Article II hereof in order that efficient and progressive public service may be rendered.
ARTICLE I TERM OF AGREEMENT
THIS AGREEMENT shall be effective July 1, 2011 and shall remain in full force and effect until December 31, 2013. In the event that no new or substitute Agreement is entered into on or before December 31, 2013, the terms and conditions of this Agreement shall continue in full force and effect until a substitute Agreement is executed.
ATTEST: BOROUGH OF BERGENFIELD
______________________________ _________________________________
Timothy J. Driscoll., Mayor
ATTEST: LOCAL 108, R.W.D.S.U., UFCW
_______________________________ __________________________________
President
ARTICLE II
RECOGNITION
Section 1
The Borough hereby recognizes the Union as the exclusive majority representative within the meaning of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et. seq., for collective negotiations concerning salaries, hours of work, and other terms and conditions of employment for all non-managerial, permanent, full-time employees, as per PERC Docket RO-97-33.
Section 2
Unless otherwise indicated, the term "Employee" or "Employees", wherever used in this Agreement, refers to all persons represented by the Union in the above-defined bargaining unit.
ARTICLE III UNION CHECKOFF
Union Dues
Pursuant to New Jersey law, the Borough agrees to deduct the Union's monthly dues and initiation fees from the pay of the covered employees who authorize the Borough in writing to do so. Deductions shall be made from the first (1st) and second (2nd) pay period of each month. All amounts deducted shall be remitted to the Union once a month no later than the tenth (10th) day of the month following deduction. The Borough agrees to furnish the Union, upon request monthly, with a list of newly-hired employees and terminated employees. The Union will advise the Borough in writing of the amount of the initiation fees and monthly dues.
Pursuant to N.J.S.A. 34:13A-5.5 et seq., all non-members of the Union shall pay to the Union a representation fee in lieu of dues for services rendered by the Union in an amount equivalent to the regular membership dues, initiation fees and assessment charged by the Union to its own members, less the cost of benefits financed through dues, fees and assessments and available to or benefitting only its members, but in no event shall such fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.
The Union shall indemnify, defend and save the Borough 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 Borough in reliance upon salary deduction authorization cards submitted by the Union to the Borough or in reliance upon the official notification on the letterhead of the Union advising of such changed deduction.
ARTICLE IV
GRIEVANCE PROCEDURE
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement.
Grievance shall mean a dispute growing out of enforcement and/or interpretation of the terms and conditions of this agreement. When used in this Article, “working days” shall be defined as Monday through Friday, irrespective of whether the employee works the days in question or whether the Borough is open.
Step 1
An employee having a grievance shall present it orally, either individually or in the presence of the Union steward or a member of the Union shop committee, to his/her immediate supervisor, within ten (10) working days after the occurrence of the matter being grieved. Failure to act within ten (10) working days of the occurrence of the matter being grieved shall constitute an abandonment of the grievance.
Step 2
If the employee does not receive or is not satisfied with the supervisor's response, then an appeal to the Borough Administrator within ten (10) working days of the supervisor's response can occur. Thereafter, the Borough Administrator shall discuss the grievance with the aggrieved employee and the Union Shop Committee and shall within ten (10) working days:
Adjust the grievance;
Find the grievance unjustified; or,
Advise the shop committee that the adjustment of the grievance is beyond his authority.
Step 3
If the grievance is not adjusted to the satisfaction of the employee and the shop committee, the employee, through his/her Union Shop Committee shall proceed by filing a written appeal with the Mayor and Council within ten (10) working days of the decision made by the Borough Administrator. The grievance shall contain all relevant facts and the remedy requested by the grievant. The Mayor and Council shall issue its written decision within ten (10) working days after meeting with the Union.
Step 4
Upon failure of a resolution of the grievance in Step 3 above, the authorized representative of the Union may proceed to final and binding arbitration before and pursuant to the rules of the New Jersey Public Employment Relations Commission by serving notice of its desire for arbitration upon the Borough Administrator, either personally or by certified mail, within fourteen (14) working days after the termination of Step 3.
The cost of the services of the arbitrator shall be borne equally by the Borough and the Union.
All grievances presented in writing shall specify the occurrence being grieved and the resolution being sought by the grievant.
The arbitrator shall be bound by the provisions of the agreement and restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add, to modify, detract from or alter in any way, the provisions of this agreement or any amendment or supplement thereto.
An aggrieved employee shall suffer no loss of pay as a result of time spent in his/her own behalf in an arbitration hearing.
General
Failure to submit a decision within the designated times shall be construed as a denial of the grievance at that Step.
Failure of an aggrieved party to pursue the grievance to the next step, in accordance with the time limits set forth herein, shall constitute abandonment of the grievance, unless both parties agree to waiver.
ARTICLE V
SENIORITY
Seniority, probationary period, layoffs, transfers and assignments shall be in accordance with existing rules and regulations of the New Jersey Civil Service Commission.
Employment may be granted on a temporary basis for a period of up to six (6) months. At any time during this period, the employee may be given probationary status or may be terminated. In no case will temporary employment continue for more than six (6) months.
A newly-hired employee, who previously worked for the Borough but who was terminated or resigned for any reason, shall be considered a new employee and all calculations of benefits based on seniority shall be from the date of last hire.
No benefits shall accrue to temporary employees for sick leave, vacations, pensions or other benefits other than when employment shall be made permanent.
If a temporary employee is made permanent, their time as a temporary employer shall count toward their probationary period.
All seniority shall be lost if any of the following occur:
discharge for cause;
resignation or retirement; or,
absence for five (5) consecutive work days without approved leave or notice.
ARTICLE VI WAGES
Effective July 1, 2011 and retroactive to said date, through December 31, 2013, the employees in the bargaining unit shall receive increases to their base salaries commensurate with the schedule attached hereto as ATTACHMENT A.
The bargaining unit employees shall receive $0 increase in base salary on July 1, 2011.
The bargaining unit employees shall receive a $750.00 increase in base salary on January 1, 2012.
The bargaining unit employees shall receive a $750.00 increase in base salary on January 1, 2013.
ARTICLE VII LONGEVITY
Employees hired before July 1, 2008 shall receive longevity as follows:
6 through 8 years 1%
9 through 11 years 2%
12 through 14 years 3%
15 years 4%
16 through 20 years…………………………………………………………………6%
21 or more ………………………………………………………………..8%
For all employees hired on or after July 1, 2008, said employees shall be eligible for longevity as follows:
10 through 15 years…………………..$500.00
16 through 20 years…………………..$700.00
21 or more years……………………...$900.00
Employees hired on or after July 1, 2011 shall not be entitled to longevity.
ARTICLE VIII
HOURS OF WORK, OVERTIME AND STANDBY
All overtime shall be authorized in advance by the Borough Administrator.
Time and one-half (1 ½) premium pay shall be paid for all hours worked in excess of forty (40) hours per week.
Any employee required to work on a holiday or a Sunday shall receive their pay for that day plus an additional day's pay.
At the employee's request, compensatory time may be taken in lieu of premium or holiday pay. Such compensatory time must be taken by April 1st of the calendar year following the year it is earned.
The Borough reserves the right to require qualified employees to work overtime whenever conditions so warrant, providing such right shall not be exercised capriciously.
Should an employee be called in for extra duty during an employee's off-duty time, the employee shall be entitled to a minimum of two (2) hours overtime. Said call in shall not be contiguous to the employee’s shift and the Borough reserves the right to have the employee work the full period in question. There shall be no two (2) hour minimum if the call-in is contiguous to the employee’s shift/hours of work.
The payment of overtime, effective December 1, 2011, whether straight time or at time and one-half (1 ½), shall be calculated based on a denominator of 2,080.
ARTICLE IXTRAINING AND EDUCATION
Section 1
Tuition cost of courses undertaken as part of a continuing education program at a State of New Jersey accredited college or university, pursuant to or required by the employee’s position, shall be paid by the Borough. In order to receive reimbursement for the course(s), the employee must earn a grade of B or better.
Section 2
Tuition shall be paid for any training program or certifications required pertinent to the employee’s position in the Borough. An employee who leaves the employ of the Borough within three (3) years of the date of graduating a training program and/or attaining the certification referenced to in this section shall reimburse the Borough for the full cost of such training/certification unless the employee is laid off by the Borough or dies while in the employ of the Borough.
Section 3
Tuition in both Sections 1 and 2 shall be paid in the form of reimbursement to the employee.
ARTICLE X PAY DIFFERENTIAL
Any employee required to do work on a higher rated job shall receive the payment for the higher rated job for this period. This provision shall not apply to employees undergoing training for a higher rated position under the supervision of an employee qualified in their higher rated job. Such training in any classification shall be limited to a period equivalent to ten (10) full working days.
ARTICLE XI
SAFETY
The Union shall be entitled to one (1) representative on the Borough's Safety Committee.
ARTICLE XII VACATIONS
A. (1) The vacation schedule below shall apply to the employees hired before June 30, 2011:
0 - 1 years service 1 day for each month employed
1 - 5 years service 12 working days
6 - 10 years service 15 working days
11 - 15 years service 18 working days
16 - 20 years service 21 working days
21 - 24 years service 25 working days
(2) All employees hired on or after July 1, 2011 shall be covered by the following vacation schedule:
From initial employment up to the end of the first (1st) calendar year, annual paid vacation for time bargaining unit members:
One (1) working day for initial month of employment if the employee begins work on the 1st through the 15th day of the calendar month and one-half (1/2) working day if they begin on the 16th through the last day of the month; and,
After the initial month of employment and up to the end of the first (1st) calendar year, employees shall receive one (1) working day for each month of service.
From the beginning of the first (1st) full calendar year of employment and up to five (5) years of continuous service – ten (10) working days;
After the beginning of the sixth (6th) full calendar year of employment and up to ten (10) years of continuous service – fifteen (15) working days;
From the beginning of the eleventh (11th) full calendar year of employment and up to fifteen (15) years of continuous service – eighteen (18) working days;
From the beginning of the sixteenth (16th) full calendar year of employment and up to twenty (20) years of continuous service – twenty (20) working days; and,
After twenty (20) years of continuous service – twenty-five (25) working days.
Selection of vacations within the department shall be by seniority. The number of employees allowed off on vacation at any time shall be determined by the Department Head.
Vacation days shall vest as earned. Vacation time, as determined by the Employee’s anniversary date, may be taken in full at any time in the year, provided that such Employee shall reimburse the Borough for any unearned vacation time, pro-rata, if he leaves the employ of the Borough during the year said vacation is taken, other than due to disability, retirement or death.
Religious holidays may be taken as a vacation day or a personal day.
Earned but unused vacation time shall be paid, pro-rata, to an Employee, or his legal representative, upon his disability retirement or death.
The scheduling and granting of employee vacation requests is a supervisory prerogative necessary to minimize disruption to Borough operations. Employee vacation requests must be made, in writing, to the supervisor, as far in advance as possible, but at least one (1) calendar day in advance for a single day and at least five (5) calendar days in advance for two (2) to nine (9) consecutive days. Employees requesting ten (10) or more consecutive days vacation must submit a written request, through their supervisor, to the Borough Administrator at least fifteen (15) calendar days in advance. Same day vacation requests shall not be telephoned in or granted, except under the discretion of the Administrator or designee.
ARTICLE XIII
SICK LEAVE
Sick Leave shall be granted in accordance with NJAC 4A:6-1.3.
An employee absent on sick leave for three (3) or more consecutive days shall submit acceptable medical evidence substantiating the illness. In the event, an employee has accumulated a total of five (5) one (1) or two (2) day absences in any one calendar year, acceptable medical evidence substantiating the illness shall be required for all subsequent sick leave absences during the remainder of that calendar year. Requested or required medical documentation must be presented to the employee’s supervisor on the day the employee returns to work from sick leave.
Employee shall be notified upon reaching the five (5) day absence requirement.
All sick leave heretofore accumulated shall not be impaired by this Agreement and said accumulated days shall be carried forward during the term of this Agreement.
Employees who need to use the intermittent sick leave days are required to notify their supervisor before their scheduled reporting time. Supervisors may require employees to submit a doctor’s note or other proof of personal or family illness, whenever they suspect sick leave abuse after an initial notification/warning has been given. Abuse of sick leave shall be cause for disciplinary action.
Abuse of sick leave shall be subject to disciplinary action, up to and including termination.
ARTICLE XIV BEREAVEMENT
All employees covered by this Agreement shall be entitled to three (3) consecutive days leave with pay upon the death of a member of the immediate family. Such leave will commence on the first (1st) working day following the death of the family member. All such leave shall not be taken until the employee’s immediate supervisor is notified of the incident of bereavement.
The immediate family shall include spouse, domestic partner, child, parent, brother, sister, grandparent, grandchildren of an employee or the employee’s spouse and any relative permanently residing in the employee's home.
In the event of the death of an uncle or aunt of the employee or their spouse, the employee shall be entitled to one (1) day's leave with pay to attend the funeral.
Such funeral leave shall not be charged against an employee's vacation or sick leave. Upon request by the Borough, the employee shall provide reasonable proof.
An extension of absence under the article may be had at the employee's option, with the consent of the Borough Administrator, and may be charged against available vacation time or be taken without pay for a reasonable period.
In the event of the demise of an employee covered by this Agreement, the Borough will grant funeral leave to one (1) Union representative, with the reasonable approval of the Borough Administrator, for the purpose of attending the funeral.
ARTICLE XV
SPECIAL LEAVE (LEAVE OF ABSENCE)
(1) Any employee desiring a leave of absence without pay from his/her employment shall request such leave, in writing, stating the reason for the leave. The maximum leave of absence shall be in accordance with the laws of the State of New Jersey and, if not applicable, for ninety (90) days. Such period may be extended for a like period by the Borough Administrator.
(2) Procedure. The employee shall be required to submit to the Borough Administrator or designee a written notice that leave will be taken, indicating amount of leave to be taken and the reason for the leave notice.
During the period of absence, the employee shall not engage in gainful employment. An employee who fails to comply with this provision shall be deemed to have quit his/her employment.
Seniority shall be retained, but shall not accrue during such leaves, except as permitted under the laws of the State of New Jersey. Time on special leave shall not be counted in comparing service for vacation purposes. Employees accrue no additional sick or vacation leave while on unpaid leaves of absence.
The employer shall have the right to require an employee returning from a leave of absence for illness or injury to undergo a physical examination by a physician designated by the employer before his/her return to the job at the Borough's sole cost. The employee must make suitable arrangements for the continuation of welfare and pension payments, if any, before the leave may be approved by the Borough.
The Borough shall have the right, at its discretion, to refuse to grant special leave under this section except as restricted by law.
Jury Duty leave and Family Leave shall be granted in accordance with the laws of the State of New Jersey.
ARTICLE XVI
HOLIDAYS AND PERSONAL DAYS
The following shall be holidays under this Agreement:
New Year's Day Labor Day
Martin Luther King Birthday Columbus Day
Lincoln’s Birthday Veterans Day
President’s Day Thanksgiving Day
Good Friday Day after Thanksgiving
Memorial Day Christmas Day
Independence Day
If a holiday falls on a Sunday, it shall be granted on the following Monday. If a holiday falls on a Saturday, it shall be granted on the preceding Friday.
Each employee shall be entitled to three (3) personal days per year.
A request for the use of personal days must be submitted to the employee’s supervisor for approval at least seventy-two (72) hours in advance of the day requested except in cases of emergency. Personal days may only be attached to a vacation day or holiday with prior approval by the employee’s supervisor.
ARTICLE XVII HEALTH BENEFITS
Current coverage for hospitalization, major medical, dental and prescriptions shall remain in effect during the period of this Agreement.
Effective July 1, 2011, the contribution for healthcare shall be 1.5% of pensionable base salary. Once the Borough implements the provisions of Ch. 78, P.L. 2011, members of the Association shall pay insurance premium contributions as per law. This shall also apply to applicable retirees.
Effective July 1, 2009, the Borough shall provide the prescription plan that is provided by the New Jersey State Health Benefits Plan.
For employees hired on or after July 1, 2011, the Borough shall only provide employee only retirement health coverage until the employee is eligible to receive Medicare/Medicaid benefits, which is further subject to any healthcare contributions required by either the Borough and/or the State.
Effective January 1, 2012, all employees hired by the Borough on or after January 1, 2000 who retire from the Borough shall not be eligible for Medicare/Medicaid reimbursement by the Borough.
ARTICLE XVIII
RETIREMENT
All employees enrolled in the Public Employees Retirement System of the State of New Jersey are subject to the requirements and provisions of the plan.
An employee who makes the decision to retire shall notify the Borough Administrator in writing at least two (2) months in advance of his or her planned retirement.
ARTICLE XIX
GENERAL
A. The terms and conditions contained herein shall supersede any contrary terms and conditions, whether contained in ordinance, personnel policy or elsewhere, but shall not supersede any of the requirements or prescriptions of N.J.S.A. 34:13A-1 et seq. or any other law of the State of New Jersey, all of which rights and prescriptions, to the extent required by law, shall govern the relationship of the parties and the construction of the agreement.
B. This document constitutes the sole and complete agreement between the parties and embodies all the terms and conditions governing the employment of employees in the unit. The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is or may be subject to collective bargaining.
C. If any clause contained in the Agreement is hereafter found to be illegal, the clause shall no longer apply to this contract, but the balance hereof shall remain in full force and effect.
ARTICLE XX MANAGEMENT OF THE BOROUGH'S AFFAIRS
It is recognized that the management of the Borough government, the control of its properties and the maintenance of order and efficiency, is solely a responsibility of the Borough. Accordingly, the Borough retains the rights including but not limited to, the selection and direction of the working forces; including the right to hire, suspend or discharge for just cause, assignment, promotion or transfer, to determination of the amount of overtime to be worked, the relief of employees from duty because of lack of work or from other legitimate reasons; decision regarding the number and location of its facilities, stations, etc., determination of the work to be performed within the unit, maintenance and repair, amount of supervision necessary, machinery and tool equipment, methods, schedules of work, together with the selection, procurement, designing, engineering and the control of equipment and materials, the purchase of services of others, contract or otherwise, except as they may be otherwise specifically limited in the agreement and to make reasonable and binding rules which shall not be used to permanently change the present duty of the job classifications.
However, the Union and the employees shall have the right to submit to grievance and arbitration any exercise of any of these rights which prejudice or deprive the Union or any employee of the existing contract right or benefit.
Except as specifically otherwise provided in this Agreement, all rights, powers and authority not specifically restricted by this Agreement or by applicable Federal/State law, are retained and remain exclusively and without limitation within the right of management. The Union, on behalf of the employees, recognizes that the primary obligation of the Borough is to serve the public. Consequently, the Union agrees to cooperate with the Borough to attain and maintain full efficiency and maximum service.
ARTICLE XXI
ACCESS & RECORDS
Once each year, an employee may review their employment file. Written request to the Borough Administrator must be made in advance prior to receiving the file. A Borough representative must be present at the time of the review of the file. A Union representative may be present if the employee requests such.
ARTICLE XXII
CONTINUED OPERATIONS
It is recognized that the need for continued and uninterrupted operation of the Borough's department and agencies is of paramount importance to the citizens of the community and that there should be no interference with such operation.
Adequate procedures having been provided for the equitable settlement of grievances arising out of this agreement, the parties hereto agree that there will be and that the Union, its officers, members, agents or principals will not engage in, encourage, sanction or suggest strikes, slowdowns, lockouts, mass resignations, mass absenteeism, or other similar action which would involve suspension of or interference with normal work performance.
The Borough shall have the right to discipline or discharge any employee encouraging, suggesting, fomenting or participating in strike, slowdown or other such interference.
ARTICLE XXIII
TERMINAL LEAVE
Upon termination of employment with the Borough, an employee with fifteen (15) years of service will be entitled to receive severance pay, which will be equal to one month's pay including longevity for each five (5) years of completed employment, with a maximum of six (6) months pay.
Notwithstanding the foregoing, if State legislation were adopted, expressly permitting or requiring municipalities to pay retiring employees for any portion of accumulated sick leave, the parties shall renegotiate this provision so that one policy or the other (i.e., terminal leave pay or sick leave pay) will be adopted.
The provisions of this Article shall be further capped by the maximum dollar amounts as it relates to the provisions of Section A above and shall apply to only those employees hired on or after July 1, 2007: $15,000.00
Provisions of this Article shall only apply, effective July 1, 2011, to employees hired on or after July 1, 2011 with twenty-five (25) years in the State pension system and at least fifteen (15) years service with the Borough, with an overall cap not to exceed $15,000.00. There shall be no pay for accumulated unused sick leave for any reason whatsoever.
ARTICLE XXIV BULLETIN BOARD
The Borough will supply one (1) bulletin board for the use of the Union to be placed in the Civic Room in the basement of Borough Hall.
The bulletin board shall be for the use of the Union for the posting of notices and bulletins pertaining to Association business and activities.
No matter may be posted without receiving permission of the officially designated Union representative. Any bulletin deemed detrimental to the operation of the Department may be rejected for posting by the Department Head.
ARTICLE XXV VACANCIES
Vacancies that are to be filled permanently shall be filled in accordance with State Civil Service regulations. The Union will be notified whenever a Civil Service test is ordered by the Borough.
ATTACHMENT A
Salary Guide (Base Salary Only)
7/1/11 1/1/12 1/1/13
Clerk Typist $32,800.00 $33,550.00 $34,300.00
Sr. Clerk Typist $36,625.00 $37,375.00 $38,125.00
Sr. Clerk Technical $40,450.00 $41,200.00 $41,950.00
Assistant to CCO
Principal Clerk $42,050.00 $42,800.00 $43,550.00
Principal Clerk/ $43,650.00 $44,400.00 $45,150.00
Purchasing Agent
Principal Clerk/ $43,650.00 $44,400.00 $45,150.00
Bookkeeper
Violations Clerk $32,800.00 $33,550.00 $34,300.00
Deputy Court $40,900.00 $41,650.00 $42,400.00
Administrator
Deputy Borough $45,500.00 $46,250.00 $47,000.00
Clerk
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